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Terms & Conditions
Universe User Agreement - US/Canada
COVID-19 WARNING:
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.
A. Introduction and Key Terms
1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS
1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
1.3 Please note:
(a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(b) Universe does not own or set the Sale Price of any Tickets;
(c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
(d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
(e) Universe is not an event organiser or promoter;
(f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
(g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
(c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) whether or not the Service Charge is included in the Sale Price or not;
(h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(i) the refund policy, if any;
(j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
(l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) do not infringe any third party rights (including intellectual property rights);
(e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable law or regulation, including those associated with making charity donations;
(l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(m) cannot be construed to be associated with any terrorist organisations; and
(n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.
9. PAYMENTS
9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
10. USE AND COLLECTION OF DATA BY SELLERS
10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.
11. ENFORCEMENT ACTION AGAINST SELLERS
11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
12. PRICE AND PAYMENT
12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
(a) the Sale Price;
(b) the Service Charge (if applicable); and
(c) any other charges included by the Seller.
12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
13. CANCELLATION AND REFUNDS
13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.
14. ENFORCEMENT ACTION AGAINST BUYERS
14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of the terms of this Agreement occurs.
E. General Terms and Conditions
15. DEFINITIONS AND INTERPRETATION
15.1 In this Agreement:
(a) “Account” means the account set up by you to use the Universe Services.
(b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
(c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
(d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
(e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
(f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
(g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
(h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
(i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
(j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
(k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
(l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
(m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.
(n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
(o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
(p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
(q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
(r) “Universe Account Information” means the personal data you upload when registering your Account.
(s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
(t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
(u) “Venue” means any site, facility or location where an Event is held.
(v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.
16. AGREEMENT TERM AND TERMINATION
16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
16.2 Termination by Universe: Universe may terminate this Agreement if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach the terms of this Agreement;
(e) Universe is ordered to do so by any legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
17. LICENSES
17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
18. UNIVERSE SERVICE RULES
18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
(i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
19. WARRANTIES AND INDEMNITIES
19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
20. DISCLAIMERS
20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.
21. LIABILITY
21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.
22. DISPUTE RESOLUTION
22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
22.5 For U.S. and Canada Residents:
(a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
(b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
(c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
(d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
(e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
(f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.
23. GENERAL
23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Jurisdiction-Specific Contacts
If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:
United States
1041 N Formosa Ave
West Hollywood
CA 90046
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Canada
123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com
Universe User Agreement - US/Canada
COVID-19 WARNING:
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.
A. Introduction and Key Terms
1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS
1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
1.3 Please note:
(a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(b) Universe does not own or set the Sale Price of any Tickets;
(c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
(d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
(e) Universe is not an event organiser or promoter;
(f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
(g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
(c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) whether or not the Service Charge is included in the Sale Price or not;
(h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(i) the refund policy, if any;
(j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
(l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) do not infringe any third party rights (including intellectual property rights);
(e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable law or regulation, including those associated with making charity donations;
(l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(m) cannot be construed to be associated with any terrorist organisations; and
(n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.
9. PAYMENTS
9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
10. USE AND COLLECTION OF DATA BY SELLERS
10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.
11. ENFORCEMENT ACTION AGAINST SELLERS
11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
12. PRICE AND PAYMENT
12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
(a) the Sale Price;
(b) the Service Charge (if applicable); and
(c) any other charges included by the Seller.
12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
13. CANCELLATION AND REFUNDS
13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.
14. ENFORCEMENT ACTION AGAINST BUYERS
14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of the terms of this Agreement occurs.
E. General Terms and Conditions
15. DEFINITIONS AND INTERPRETATION
15.1 In this Agreement:
(a) “Account” means the account set up by you to use the Universe Services.
(b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
(c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
(d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
(e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
(f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
(g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
(h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
(i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
(j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
(k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
(l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
(m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.
(n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
(o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
(p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
(q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
(r) “Universe Account Information” means the personal data you upload when registering your Account.
(s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
(t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
(u) “Venue” means any site, facility or location where an Event is held.
(v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.
16. AGREEMENT TERM AND TERMINATION
16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
16.2 Termination by Universe: Universe may terminate this Agreement if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach the terms of this Agreement;
(e) Universe is ordered to do so by any legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
17. LICENSES
17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
18. UNIVERSE SERVICE RULES
18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
(i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
19. WARRANTIES AND INDEMNITIES
19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
20. DISCLAIMERS
20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.
21. LIABILITY
21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.
22. DISPUTE RESOLUTION
22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
22.5 For U.S. and Canada Residents:
(a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
(b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
(c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
(d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
(e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
(f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.
23. GENERAL
23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Jurisdiction-Specific Contacts
If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:
United States
1041 N Formosa Ave
West Hollywood
CA 90046
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Canada
123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com
Universe User Agreement - US/Canada
COVID-19 WARNING:
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.
A. Introduction and Key Terms
1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS
1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
1.3 Please note:
(a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(b) Universe does not own or set the Sale Price of any Tickets;
(c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
(d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
(e) Universe is not an event organiser or promoter;
(f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
(g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
(c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) whether or not the Service Charge is included in the Sale Price or not;
(h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(i) the refund policy, if any;
(j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
(l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) do not infringe any third party rights (including intellectual property rights);
(e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable law or regulation, including those associated with making charity donations;
(l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(m) cannot be construed to be associated with any terrorist organisations; and
(n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.
9. PAYMENTS
9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
10. USE AND COLLECTION OF DATA BY SELLERS
10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.
11. ENFORCEMENT ACTION AGAINST SELLERS
11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
12. PRICE AND PAYMENT
12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
(a) the Sale Price;
(b) the Service Charge (if applicable); and
(c) any other charges included by the Seller.
12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
13. CANCELLATION AND REFUNDS
13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.
14. ENFORCEMENT ACTION AGAINST BUYERS
14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of the terms of this Agreement occurs.
E. General Terms and Conditions
15. DEFINITIONS AND INTERPRETATION
15.1 In this Agreement:
(a) “Account” means the account set up by you to use the Universe Services.
(b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
(c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
(d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
(e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
(f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
(g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
(h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
(i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
(j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
(k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
(l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
(m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.
(n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
(o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
(p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
(q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
(r) “Universe Account Information” means the personal data you upload when registering your Account.
(s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
(t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
(u) “Venue” means any site, facility or location where an Event is held.
(v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.
16. AGREEMENT TERM AND TERMINATION
16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
16.2 Termination by Universe: Universe may terminate this Agreement if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach the terms of this Agreement;
(e) Universe is ordered to do so by any legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
17. LICENSES
17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
18. UNIVERSE SERVICE RULES
18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
(i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
19. WARRANTIES AND INDEMNITIES
19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
20. DISCLAIMERS
20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.
21. LIABILITY
21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.
22. DISPUTE RESOLUTION
22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
22.5 For U.S. and Canada Residents:
(a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
(b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
(c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
(d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
(e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
(f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.
23. GENERAL
23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Jurisdiction-Specific Contacts
If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:
United States
1041 N Formosa Ave
West Hollywood
CA 90046
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Canada
123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com
Universe User Agreement - US/Canada
COVID-19 WARNING:
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.
A. Introduction and Key Terms
1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS
1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
1.3 Please note:
(a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(b) Universe does not own or set the Sale Price of any Tickets;
(c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
(d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
(e) Universe is not an event organiser or promoter;
(f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
(g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
(c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) whether or not the Service Charge is included in the Sale Price or not;
(h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(i) the refund policy, if any;
(j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
(l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) do not infringe any third party rights (including intellectual property rights);
(e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable law or regulation, including those associated with making charity donations;
(l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(m) cannot be construed to be associated with any terrorist organisations; and
(n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.
9. PAYMENTS
9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
10. USE AND COLLECTION OF DATA BY SELLERS
10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.
11. ENFORCEMENT ACTION AGAINST SELLERS
11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
12. PRICE AND PAYMENT
12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
(a) the Sale Price;
(b) the Service Charge (if applicable); and
(c) any other charges included by the Seller.
12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
13. CANCELLATION AND REFUNDS
13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.
14. ENFORCEMENT ACTION AGAINST BUYERS
14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of the terms of this Agreement occurs.
E. General Terms and Conditions
15. DEFINITIONS AND INTERPRETATION
15.1 In this Agreement:
(a) “Account” means the account set up by you to use the Universe Services.
(b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
(c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
(d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
(e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
(f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
(g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
(h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
(i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
(j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
(k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
(l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
(m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.
(n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
(o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
(p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
(q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
(r) “Universe Account Information” means the personal data you upload when registering your Account.
(s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
(t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
(u) “Venue” means any site, facility or location where an Event is held.
(v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.
16. AGREEMENT TERM AND TERMINATION
16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
16.2 Termination by Universe: Universe may terminate this Agreement if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach the terms of this Agreement;
(e) Universe is ordered to do so by any legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
17. LICENSES
17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
18. UNIVERSE SERVICE RULES
18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
(i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
19. WARRANTIES AND INDEMNITIES
19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
20. DISCLAIMERS
20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.
21. LIABILITY
21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.
22. DISPUTE RESOLUTION
22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
22.5 For U.S. and Canada Residents:
(a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
(b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
(c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
(d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
(e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
(f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.
23. GENERAL
23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Jurisdiction-Specific Contacts
If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:
United States
1041 N Formosa Ave
West Hollywood
CA 90046
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Canada
123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com
Universe User Agreement - US/Canada
COVID-19 WARNING:
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.
A. Introduction and Key Terms
1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS
1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
1.3 Please note:
(a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(b) Universe does not own or set the Sale Price of any Tickets;
(c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
(d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
(e) Universe is not an event organiser or promoter;
(f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
(g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
(c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) whether or not the Service Charge is included in the Sale Price or not;
(h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(i) the refund policy, if any;
(j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
(l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) do not infringe any third party rights (including intellectual property rights);
(e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable law or regulation, including those associated with making charity donations;
(l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(m) cannot be construed to be associated with any terrorist organisations; and
(n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.
9. PAYMENTS
9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
10. USE AND COLLECTION OF DATA BY SELLERS
10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.
11. ENFORCEMENT ACTION AGAINST SELLERS
11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
12. PRICE AND PAYMENT
12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
(a) the Sale Price;
(b) the Service Charge (if applicable); and
(c) any other charges included by the Seller.
12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
13. CANCELLATION AND REFUNDS
13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.
14. ENFORCEMENT ACTION AGAINST BUYERS
14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of the terms of this Agreement occurs.
E. General Terms and Conditions
15. DEFINITIONS AND INTERPRETATION
15.1 In this Agreement:
(a) “Account” means the account set up by you to use the Universe Services.
(b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
(c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
(d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
(e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
(f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
(g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
(h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
(i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
(j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
(k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
(l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
(m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.
(n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
(o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
(p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
(q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
(r) “Universe Account Information” means the personal data you upload when registering your Account.
(s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
(t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
(u) “Venue” means any site, facility or location where an Event is held.
(v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.
16. AGREEMENT TERM AND TERMINATION
16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
16.2 Termination by Universe: Universe may terminate this Agreement if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach the terms of this Agreement;
(e) Universe is ordered to do so by any legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
17. LICENSES
17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
18. UNIVERSE SERVICE RULES
18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
(i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
19. WARRANTIES AND INDEMNITIES
19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
20. DISCLAIMERS
20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.
21. LIABILITY
21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.
22. DISPUTE RESOLUTION
22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
22.5 For U.S. and Canada Residents:
(a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
(b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
(c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
(d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
(e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
(f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.
23. GENERAL
23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Jurisdiction-Specific Contacts
If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:
United States
1041 N Formosa Ave
West Hollywood
CA 90046
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Canada
123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com
Universe User Agreement - US/Canada
COVID-19 WARNING:
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.
A. Introduction and Key Terms
1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS
1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
1.3 Please note:
(a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(b) Universe does not own or set the Sale Price of any Tickets;
(c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
(d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
(e) Universe is not an event organiser or promoter;
(f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
(g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
(c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) whether or not the Service Charge is included in the Sale Price or not;
(h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(i) the refund policy, if any;
(j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
(l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) do not infringe any third party rights (including intellectual property rights);
(e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable law or regulation, including those associated with making charity donations;
(l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(m) cannot be construed to be associated with any terrorist organisations; and
(n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.
9. PAYMENTS
9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
10. USE AND COLLECTION OF DATA BY SELLERS
10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.
11. ENFORCEMENT ACTION AGAINST SELLERS
11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
12. PRICE AND PAYMENT
12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
(a) the Sale Price;
(b) the Service Charge (if applicable); and
(c) any other charges included by the Seller.
12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
13. CANCELLATION AND REFUNDS
13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.
14. ENFORCEMENT ACTION AGAINST BUYERS
14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of the terms of this Agreement occurs.
E. General Terms and Conditions
15. DEFINITIONS AND INTERPRETATION
15.1 In this Agreement:
(a) “Account” means the account set up by you to use the Universe Services.
(b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
(c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
(d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
(e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
(f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
(g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
(h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
(i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
(j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
(k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
(l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
(m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.
(n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
(o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
(p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
(q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
(r) “Universe Account Information” means the personal data you upload when registering your Account.
(s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
(t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
(u) “Venue” means any site, facility or location where an Event is held.
(v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.
16. AGREEMENT TERM AND TERMINATION
16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
16.2 Termination by Universe: Universe may terminate this Agreement if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach the terms of this Agreement;
(e) Universe is ordered to do so by any legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
17. LICENSES
17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
18. UNIVERSE SERVICE RULES
18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
(i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
19. WARRANTIES AND INDEMNITIES
19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
20. DISCLAIMERS
20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.
21. LIABILITY
21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.
22. DISPUTE RESOLUTION
22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
22.5 For U.S. and Canada Residents:
(a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
(b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
(c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
(d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
(e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
(f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.
23. GENERAL
23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Jurisdiction-Specific Contacts
If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:
United States
1041 N Formosa Ave
West Hollywood
CA 90046
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Canada
123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com
Universe User Agreement - US/Canada
COVID-19 WARNING:
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.
A. Introduction and Key Terms
1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS
1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
1.3 Please note:
(a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(b) Universe does not own or set the Sale Price of any Tickets;
(c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
(d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
(e) Universe is not an event organiser or promoter;
(f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
(g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
(c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) whether or not the Service Charge is included in the Sale Price or not;
(h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(i) the refund policy, if any;
(j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
(l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) do not infringe any third party rights (including intellectual property rights);
(e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable law or regulation, including those associated with making charity donations;
(l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(m) cannot be construed to be associated with any terrorist organisations; and
(n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.
9. PAYMENTS
9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
10. USE AND COLLECTION OF DATA BY SELLERS
10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.
11. ENFORCEMENT ACTION AGAINST SELLERS
11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
12. PRICE AND PAYMENT
12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
(a) the Sale Price;
(b) the Service Charge (if applicable); and
(c) any other charges included by the Seller.
12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
13. CANCELLATION AND REFUNDS
13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.
14. ENFORCEMENT ACTION AGAINST BUYERS
14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of the terms of this Agreement occurs.
E. General Terms and Conditions
15. DEFINITIONS AND INTERPRETATION
15.1 In this Agreement:
(a) “Account” means the account set up by you to use the Universe Services.
(b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
(c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
(d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
(e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
(f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
(g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
(h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
(i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
(j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
(k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
(l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
(m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.
(n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
(o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
(p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
(q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
(r) “Universe Account Information” means the personal data you upload when registering your Account.
(s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
(t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
(u) “Venue” means any site, facility or location where an Event is held.
(v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.
16. AGREEMENT TERM AND TERMINATION
16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
16.2 Termination by Universe: Universe may terminate this Agreement if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach the terms of this Agreement;
(e) Universe is ordered to do so by any legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
17. LICENSES
17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
18. UNIVERSE SERVICE RULES
18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
(i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
19. WARRANTIES AND INDEMNITIES
19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
20. DISCLAIMERS
20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.
21. LIABILITY
21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.
22. DISPUTE RESOLUTION
22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
22.5 For U.S. and Canada Residents:
(a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
(b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
(c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
(d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
(e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
(f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.
23. GENERAL
23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Jurisdiction-Specific Contacts
If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:
United States
1041 N Formosa Ave
West Hollywood
CA 90046
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Canada
123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com
Universe User Agreement - US/Canada
COVID-19 WARNING:
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.
A. Introduction and Key Terms
1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS
1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
1.3 Please note:
(a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(b) Universe does not own or set the Sale Price of any Tickets;
(c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
(d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
(e) Universe is not an event organiser or promoter;
(f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
(g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
(c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) whether or not the Service Charge is included in the Sale Price or not;
(h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(i) the refund policy, if any;
(j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
(l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) do not infringe any third party rights (including intellectual property rights);
(e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable law or regulation, including those associated with making charity donations;
(l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(m) cannot be construed to be associated with any terrorist organisations; and
(n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.
9. PAYMENTS
9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
10. USE AND COLLECTION OF DATA BY SELLERS
10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.
11. ENFORCEMENT ACTION AGAINST SELLERS
11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
12. PRICE AND PAYMENT
12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
(a) the Sale Price;
(b) the Service Charge (if applicable); and
(c) any other charges included by the Seller.
12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
13. CANCELLATION AND REFUNDS
13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.
14. ENFORCEMENT ACTION AGAINST BUYERS
14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of the terms of this Agreement occurs.
E. General Terms and Conditions
15. DEFINITIONS AND INTERPRETATION
15.1 In this Agreement:
(a) “Account” means the account set up by you to use the Universe Services.
(b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
(c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
(d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
(e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
(f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
(g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
(h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
(i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
(j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
(k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
(l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
(m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.
(n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
(o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
(p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
(q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
(r) “Universe Account Information” means the personal data you upload when registering your Account.
(s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
(t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
(u) “Venue” means any site, facility or location where an Event is held.
(v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.
16. AGREEMENT TERM AND TERMINATION
16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
16.2 Termination by Universe: Universe may terminate this Agreement if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach the terms of this Agreement;
(e) Universe is ordered to do so by any legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
17. LICENSES
17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
18. UNIVERSE SERVICE RULES
18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
(i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
19. WARRANTIES AND INDEMNITIES
19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
20. DISCLAIMERS
20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.
21. LIABILITY
21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.
22. DISPUTE RESOLUTION
22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
22.5 For U.S. and Canada Residents:
(a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
(b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
(c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
(d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
(e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
(f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.
23. GENERAL
23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Jurisdiction-Specific Contacts
If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:
United States
1041 N Formosa Ave
West Hollywood
CA 90046
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Canada
123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com
Universe User Agreement - US/Canada
COVID-19 WARNING:
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.
A. Introduction and Key Terms
1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS
1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
1.3 Please note:
(a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(b) Universe does not own or set the Sale Price of any Tickets;
(c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
(d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
(e) Universe is not an event organiser or promoter;
(f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
(g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
(c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) whether or not the Service Charge is included in the Sale Price or not;
(h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(i) the refund policy, if any;
(j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
(l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) do not infringe any third party rights (including intellectual property rights);
(e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable law or regulation, including those associated with making charity donations;
(l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(m) cannot be construed to be associated with any terrorist organisations; and
(n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.
9. PAYMENTS
9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
10. USE AND COLLECTION OF DATA BY SELLERS
10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.
11. ENFORCEMENT ACTION AGAINST SELLERS
11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
12. PRICE AND PAYMENT
12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
(a) the Sale Price;
(b) the Service Charge (if applicable); and
(c) any other charges included by the Seller.
12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
13. CANCELLATION AND REFUNDS
13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.
14. ENFORCEMENT ACTION AGAINST BUYERS
14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of the terms of this Agreement occurs.
E. General Terms and Conditions
15. DEFINITIONS AND INTERPRETATION
15.1 In this Agreement:
(a) “Account” means the account set up by you to use the Universe Services.
(b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
(c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
(d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
(e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
(f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
(g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
(h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
(i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
(j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
(k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
(l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
(m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.
(n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
(o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
(p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
(q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
(r) “Universe Account Information” means the personal data you upload when registering your Account.
(s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
(t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
(u) “Venue” means any site, facility or location where an Event is held.
(v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.
16. AGREEMENT TERM AND TERMINATION
16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
16.2 Termination by Universe: Universe may terminate this Agreement if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach the terms of this Agreement;
(e) Universe is ordered to do so by any legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
17. LICENSES
17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
18. UNIVERSE SERVICE RULES
18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
(i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
19. WARRANTIES AND INDEMNITIES
19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
20. DISCLAIMERS
20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.
21. LIABILITY
21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.
22. DISPUTE RESOLUTION
22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
22.5 For U.S. and Canada Residents:
(a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
(b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
(c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
(d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
(e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
(f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.
23. GENERAL
23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Jurisdiction-Specific Contacts
If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:
United States
1041 N Formosa Ave
West Hollywood
CA 90046
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Canada
123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com
Universe User Agreement - US/Canada
COVID-19 WARNING:
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.
A. Introduction and Key Terms
1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS
1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
1.3 Please note:
(a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(b) Universe does not own or set the Sale Price of any Tickets;
(c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
(d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
(e) Universe is not an event organiser or promoter;
(f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
(g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
(c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) whether or not the Service Charge is included in the Sale Price or not;
(h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(i) the refund policy, if any;
(j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
(l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) do not infringe any third party rights (including intellectual property rights);
(e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable law or regulation, including those associated with making charity donations;
(l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(m) cannot be construed to be associated with any terrorist organisations; and
(n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.
9. PAYMENTS
9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
10. USE AND COLLECTION OF DATA BY SELLERS
10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.
11. ENFORCEMENT ACTION AGAINST SELLERS
11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
12. PRICE AND PAYMENT
12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
(a) the Sale Price;
(b) the Service Charge (if applicable); and
(c) any other charges included by the Seller.
12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
13. CANCELLATION AND REFUNDS
13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.
14. ENFORCEMENT ACTION AGAINST BUYERS
14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of the terms of this Agreement occurs.
E. General Terms and Conditions
15. DEFINITIONS AND INTERPRETATION
15.1 In this Agreement:
(a) “Account” means the account set up by you to use the Universe Services.
(b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
(c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
(d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
(e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
(f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
(g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
(h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
(i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
(j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
(k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
(l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
(m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.
(n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
(o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
(p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
(q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
(r) “Universe Account Information” means the personal data you upload when registering your Account.
(s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
(t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
(u) “Venue” means any site, facility or location where an Event is held.
(v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.
16. AGREEMENT TERM AND TERMINATION
16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
16.2 Termination by Universe: Universe may terminate this Agreement if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach the terms of this Agreement;
(e) Universe is ordered to do so by any legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
17. LICENSES
17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
18. UNIVERSE SERVICE RULES
18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
(i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
19. WARRANTIES AND INDEMNITIES
19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
20. DISCLAIMERS
20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.
21. LIABILITY
21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.
22. DISPUTE RESOLUTION
22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
22.5 For U.S. and Canada Residents:
(a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
(b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
(c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
(d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
(e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
(f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.
23. GENERAL
23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Jurisdiction-Specific Contacts
If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:
United States
1041 N Formosa Ave
West Hollywood
CA 90046
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Canada
123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com
Universe User Agreement - US/Canada
COVID-19 WARNING:
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.
A. Introduction and Key Terms
1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS
1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
1.3 Please note:
(a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(b) Universe does not own or set the Sale Price of any Tickets;
(c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
(d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
(e) Universe is not an event organiser or promoter;
(f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
(g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
(c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) whether or not the Service Charge is included in the Sale Price or not;
(h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(i) the refund policy, if any;
(j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
(l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) do not infringe any third party rights (including intellectual property rights);
(e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable law or regulation, including those associated with making charity donations;
(l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(m) cannot be construed to be associated with any terrorist organisations; and
(n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.
9. PAYMENTS
9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
10. USE AND COLLECTION OF DATA BY SELLERS
10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.
11. ENFORCEMENT ACTION AGAINST SELLERS
11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
12. PRICE AND PAYMENT
12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
(a) the Sale Price;
(b) the Service Charge (if applicable); and
(c) any other charges included by the Seller.
12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
13. CANCELLATION AND REFUNDS
13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.
14. ENFORCEMENT ACTION AGAINST BUYERS
14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of the terms of this Agreement occurs.
E. General Terms and Conditions
15. DEFINITIONS AND INTERPRETATION
15.1 In this Agreement:
(a) “Account” means the account set up by you to use the Universe Services.
(b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
(c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
(d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
(e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
(f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
(g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
(h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
(i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
(j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
(k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
(l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
(m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.
(n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
(o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
(p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
(q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
(r) “Universe Account Information” means the personal data you upload when registering your Account.
(s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
(t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
(u) “Venue” means any site, facility or location where an Event is held.
(v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.
16. AGREEMENT TERM AND TERMINATION
16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
16.2 Termination by Universe: Universe may terminate this Agreement if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach the terms of this Agreement;
(e) Universe is ordered to do so by any legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
17. LICENSES
17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
18. UNIVERSE SERVICE RULES
18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
(i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
19. WARRANTIES AND INDEMNITIES
19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
20. DISCLAIMERS
20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.
21. LIABILITY
21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.
22. DISPUTE RESOLUTION
22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
22.5 For U.S. and Canada Residents:
(a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
(b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
(c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
(d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
(e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
(f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.
23. GENERAL
23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Jurisdiction-Specific Contacts
If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:
United States
1041 N Formosa Ave
West Hollywood
CA 90046
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Canada
123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com
Universe User Agreement - US/Canada
COVID-19 WARNING:
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.
A. Introduction and Key Terms
1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS
1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
1.3 Please note:
(a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(b) Universe does not own or set the Sale Price of any Tickets;
(c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
(d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
(e) Universe is not an event organiser or promoter;
(f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
(g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
(c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) whether or not the Service Charge is included in the Sale Price or not;
(h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(i) the refund policy, if any;
(j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
(l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) do not infringe any third party rights (including intellectual property rights);
(e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable law or regulation, including those associated with making charity donations;
(l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(m) cannot be construed to be associated with any terrorist organisations; and
(n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.
9. PAYMENTS
9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
10. USE AND COLLECTION OF DATA BY SELLERS
10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.
11. ENFORCEMENT ACTION AGAINST SELLERS
11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
12. PRICE AND PAYMENT
12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
(a) the Sale Price;
(b) the Service Charge (if applicable); and
(c) any other charges included by the Seller.
12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
13. CANCELLATION AND REFUNDS
13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.
14. ENFORCEMENT ACTION AGAINST BUYERS
14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of the terms of this Agreement occurs.
E. General Terms and Conditions
15. DEFINITIONS AND INTERPRETATION
15.1 In this Agreement:
(a) “Account” means the account set up by you to use the Universe Services.
(b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
(c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
(d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
(e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
(f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
(g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
(h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
(i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
(j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
(k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
(l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
(m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.
(n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
(o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
(p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
(q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
(r) “Universe Account Information” means the personal data you upload when registering your Account.
(s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
(t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
(u) “Venue” means any site, facility or location where an Event is held.
(v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.
16. AGREEMENT TERM AND TERMINATION
16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
16.2 Termination by Universe: Universe may terminate this Agreement if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach the terms of this Agreement;
(e) Universe is ordered to do so by any legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
17. LICENSES
17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
18. UNIVERSE SERVICE RULES
18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
(i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
19. WARRANTIES AND INDEMNITIES
19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
20. DISCLAIMERS
20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.
21. LIABILITY
21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.
22. DISPUTE RESOLUTION
22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
22.5 For U.S. and Canada Residents:
(a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
(b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
(c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
(d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
(e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
(f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.
23. GENERAL
23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Jurisdiction-Specific Contacts
If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:
United States
1041 N Formosa Ave
West Hollywood
CA 90046
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Canada
123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com
Universe User Agreement - US/Canada
COVID-19 WARNING:
An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.
A. Introduction and Key Terms
1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS
1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
1.3 Please note:
(a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(b) Universe does not own or set the Sale Price of any Tickets;
(c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
(d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
(e) Universe is not an event organiser or promoter;
(f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
(g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
(c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) whether or not the Service Charge is included in the Sale Price or not;
(h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(i) the refund policy, if any;
(j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
(l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) do not infringe any third party rights (including intellectual property rights);
(e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable law or regulation, including those associated with making charity donations;
(l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(m) cannot be construed to be associated with any terrorist organisations; and
(n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.
9. PAYMENTS
9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
10. USE AND COLLECTION OF DATA BY SELLERS
10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.
11. ENFORCEMENT ACTION AGAINST SELLERS
11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
12. PRICE AND PAYMENT
12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
(a) the Sale Price;
(b) the Service Charge (if applicable); and
(c) any other charges included by the Seller.
12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
13. CANCELLATION AND REFUNDS
13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.
14. ENFORCEMENT ACTION AGAINST BUYERS
14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of the terms of this Agreement occurs.
E. General Terms and Conditions
15. DEFINITIONS AND INTERPRETATION
15.1 In this Agreement:
(a) “Account” means the account set up by you to use the Universe Services.
(b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
(c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
(d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
(e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
(f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
(g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
(h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
(i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
(j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
(k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
(l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
(m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.
(n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
(o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
(p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
(q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
(r) “Universe Account Information” means the personal data you upload when registering your Account.
(s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
(t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
(u) “Venue” means any site, facility or location where an Event is held.
(v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.
16. AGREEMENT TERM AND TERMINATION
16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
16.2 Termination by Universe: Universe may terminate this Agreement if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach the terms of this Agreement;
(e) Universe is ordered to do so by any legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
17. LICENSES
17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
18. UNIVERSE SERVICE RULES
18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
(i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
19. WARRANTIES AND INDEMNITIES
19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
20. DISCLAIMERS
20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.
21. LIABILITY
21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.
22. DISPUTE RESOLUTION
22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
22.5 For U.S. and Canada Residents:
(a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
You may assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
(b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
(c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
(d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
(e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
(f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.
23. GENERAL
23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Jurisdiction-Specific Contacts
If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:
United States
1041 N Formosa Ave
West Hollywood
CA 90046
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
Canada
123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Aland Islands Ticketmaster Suomi OY
Andorra Ticketmaster Spain S.A.U.
Austria Ticketmaster GmbH
Belgium N.V. Ticketmaster Belgium S.A.
Denmark Ticketmaster Danmark A/S
Finland Ticketmaster Suomi OY
France Ticketmaster SAS
Furstentum Liechtenstein Ticketmaster Schweiz AG
Germany Ticketmaster GmbH
Mexico Venta de Boletos por Computadora, S.A. de C.V.
Netherlands Ticketmaster BV
Norway Billettservice AS
Svalbard and Jan Mayen Billettservice AS
Spain Ticketmaster Spain S.A.U.
Sweden Ticketmaster Sverige AB
Switzerland Ticketmaster Schweiz AG
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
(c) Universe does not own any Tickets or set the Sale Price;
(d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
(f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).
5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) a seat map of the Event;
(h) whether or not the Service Charge is included in the Sale Price;
(i) the Universe Per Order Fee;
(j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(k) the refund policy, if any;
(l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(e) do not infringe any third-party rights (including intellectual property rights);
(f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(h) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(i) are not defamatory, abusive, threatening or obscene;
(j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
(l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
(m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(n) cannot be construed to be associated with any terrorist organisations; and
(o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Data: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
(d) inform the Host without undue delay if it becomes aware of a personal data breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
(h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
(i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
(a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
“Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
“Data Controller” has the meaning given to it in EU Data Protection Legislation.
“Data Processor” has the meaning given to it in EU Data Protection Legislation.
“Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
“Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
“Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
Personal Data" has the meaning given to it in the EU Data Protection Legislation.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
“Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
“Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
“Universe Account Information” means the Personal Data you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Aland Islands Ticketmaster Suomi OY
Andorra Ticketmaster Spain S.A.U.
Austria Ticketmaster GmbH
Belgium N.V. Ticketmaster Belgium S.A.
Denmark Ticketmaster Danmark A/S
Finland Ticketmaster Suomi OY
France Ticketmaster SAS
Furstentum Liechtenstein Ticketmaster Schweiz AG
Germany Ticketmaster GmbH
Mexico Venta de Boletos por Computadora, S.A. de C.V.
Netherlands Ticketmaster BV
Norway Billettservice AS
Svalbard and Jan Mayen Billettservice AS
Spain Ticketmaster Spain S.A.U.
Sweden Ticketmaster Sverige AB
Switzerland Ticketmaster Schweiz AG
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
(c) Universe does not own any Tickets or set the Sale Price;
(d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
(f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).
5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) a seat map of the Event;
(h) whether or not the Service Charge is included in the Sale Price;
(i) the Universe Per Order Fee;
(j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(k) the refund policy, if any;
(l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(e) do not infringe any third-party rights (including intellectual property rights);
(f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(h) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(i) are not defamatory, abusive, threatening or obscene;
(j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
(l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
(m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(n) cannot be construed to be associated with any terrorist organisations; and
(o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Data: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
(d) inform the Host without undue delay if it becomes aware of a personal data breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
(h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
(i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
(a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
“Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
“Data Controller” has the meaning given to it in EU Data Protection Legislation.
“Data Processor” has the meaning given to it in EU Data Protection Legislation.
“Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
“Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
“Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
Personal Data" has the meaning given to it in the EU Data Protection Legislation.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
“Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
“Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
“Universe Account Information” means the Personal Data you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Aland Islands Ticketmaster Suomi OY
Andorra Ticketmaster Spain S.A.U.
Austria Ticketmaster GmbH
Belgium N.V. Ticketmaster Belgium S.A.
Denmark Ticketmaster Danmark A/S
Finland Ticketmaster Suomi OY
France Ticketmaster SAS
Furstentum Liechtenstein Ticketmaster Schweiz AG
Germany Ticketmaster GmbH
Mexico Venta de Boletos por Computadora, S.A. de C.V.
Netherlands Ticketmaster BV
Norway Billettservice AS
Svalbard and Jan Mayen Billettservice AS
Spain Ticketmaster Spain S.A.U.
Sweden Ticketmaster Sverige AB
Switzerland Ticketmaster Schweiz AG
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
(c) Universe does not own any Tickets or set the Sale Price;
(d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
(f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).
5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) a seat map of the Event;
(h) whether or not the Service Charge is included in the Sale Price;
(i) the Universe Per Order Fee;
(j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(k) the refund policy, if any;
(l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(e) do not infringe any third-party rights (including intellectual property rights);
(f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(h) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(i) are not defamatory, abusive, threatening or obscene;
(j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
(l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
(m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(n) cannot be construed to be associated with any terrorist organisations; and
(o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Data: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
(d) inform the Host without undue delay if it becomes aware of a personal data breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
(h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
(i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
(a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
“Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
“Data Controller” has the meaning given to it in EU Data Protection Legislation.
“Data Processor” has the meaning given to it in EU Data Protection Legislation.
“Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
“Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
“Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
Personal Data" has the meaning given to it in the EU Data Protection Legislation.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
“Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
“Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
“Universe Account Information” means the Personal Data you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
A. Introducción y términos clave
1. TÉRMINOS Y CONDICIONES
1.1 Aparte de lo establecido a continuación, usted ("Usuario", "usted", "su") esta contratando con Universe Experiences, Inc. ("Universe"), tanto si utiliza los Servicios Universe para comprar Boletos ("Comprador") como para vender Boletos ("Organizador"), a menos que Universe le indique lo contrario. Si compra o vende Boletos para un Evento en uno de los países indicados a continuación, estará contratando con la empresa indicada junto al país correspondiente y por "Universe" se entenderá dicha empresa. Se considera que usted tiene su residencia en el mismo país en el que se celebra el Evento. Si usted es un organizador y no tiene su residencia en el mismo país que su acontecimiento, póngase en contacto con support@universe.com.
Country Company
Aland Islands Ticketmaster Suomi OY
Andorra Ticketmaster Spain S.A.U.
Austria Ticketmaster GmbH
Belgium N.V. Ticketmaster Belgium S.A.
Denmark Ticketmaster Danmark A/S
Finland Ticketmaster Suomi OY
France Ticketmaster SAS
Furstentum Liechtenstein Ticketmaster Schweiz AG
Germany Ticketmaster GmbH
Mexico Venta de Boletos por Computadora, S.A. de C.V.
Netherlands Ticketmaster BV
Norway Billettservice AS
Svalbard and Jan Mayen Billettservice AS
Spain Ticketmaster Spain S.A.U.
Sweden Ticketmaster Sverige AB
Switzerland Ticketmaster Schweiz AG
1.2 Si usted es Comprador como Organizador, estos Términos y Condiciones rigen su acceso y uso de los Servicios Universe.
1.3 Las palabras en mayúsculas en estos Términos y Condiciones tendrán el significado especial que se les atribuye en el párrafo 19.
1.4 Tenga en cuenta que:
(a) Universe proporciona una plataforma en línea para facilitar la venta y compra de Boletos;
(b) Universe no es parte en el acuerdo entre un Comprador y un Organizador para la venta y compra de Boletos utilizando los Servicios Universe.
(c) Universe no es propietaria de ningún Boleto ni fija el Precio de Venta;
(d) Universe no examina rutinariamente el contenido de ningún Evento ni su idoneidad para Usuarios individuales;
(e) Universe no respalda a ningún Usuario ni ningún Evento y se reserva el derecho a eliminar del Sitio Web un Evento que considere inapropiado en cualquier momento y por cualquier motivo;
(f) Universe no confirma la identidad o idoneidad de los Usuarios y los Usuarios interactúan y se ponen en contacto entre sí por su cuenta;
Por lo tanto, Universe no es responsable del Evento, el contenido del Evento o lo(s) Boleto(s) adquirida(s). La entrega de Boletos es responsabilidad del Organizador y Universe no puede garantizar que los Organizadores completen las Transacciones en todos los casos.
1.5 Contrato legalmente vinculante: Estos Términos y Condiciones constituyen un contrato legalmente vinculante, y usted debe leerlos cuidadosamente, junto con los Términos de Uso de Universe, la Política de Privacidad y la Política de Cookies, antes de utilizar los Servicios Universe. Al utilizar los Servicios Universe, usted reconoce que ha leído, entendido y aceptado estos Términos y Condiciones. Si no está de acuerdo con estos Términos y Condiciones, o no puede cumplirlos, no debe utilizar los Servicios Universe.
1.6 Cambios en los Términos y Condiciones: Podemos realizar cambios en estos Términos y Condiciones en cualquier momento. Cuando realicemos dichos cambios, publicaremos la versión actualizada de los Términos y Condiciones en el Sitio Web. Por lo tanto, le recomendamos que consulte los Términos y Condiciones con regularidad para mantenerse informado de la versión más actualizada. Todas las compras están sujetas a la versión aplicable de los Términos y Condiciones publicada en el momento de la compra. Su uso continuo de los Servicios Universe constituirá su aceptación de los nuevos Términos y Condiciones. Si no está de acuerdo con los Términos y Condiciones o con cualquier versión revisada, debe dejar de utilizar inmediatamente los Servicios Universe, y elimine cualquier Evento que haya publicado.
1.7 Contactar con Universe: Si tiene alguna pregunta, o desea más información sobre estos Términos y Condiciones, póngase en contacto con support@universe.com. También puede consultar las preguntas frecuentes de Universe. Tenga en cuenta que cualquier pregunta o solicitud relativa a cancelaciones, reprogramaciones o reembolsos deberá dirigirse al Organizador a través de los datos de contacto facilitados a través de la información señalada en la página del Evento.
1.8 Contacto: Si necesitamos ponernos en contacto con usted, lo haremos utilizando el número de teléfono o la dirección de correo electrónico que nos haya proporcionado en su Cuenta.
1.9 Cambios asociados a estos Términos y Condiciones: En caso de que alguna ley, norma o reglamento local, nacional o internacional entre en conflicto con las disposiciones de los presentes Términos y Condiciones o invalide, ilegalice o imposibilite la aplicación de alguna de ellas, nada de lo dispuesto en las presentes Condiciones pretende o intentará impedir la aplicación de dicha ley. Cualquier protección legal, derechos o recursos aplicables a usted en su país de residencia seguirán siendo de aplicación y tendrán prioridad sobre las disposiciones de estos Términos y Condiciones, y estos Términos y Condiciones no pretenden en modo alguno eximirle de tales protecciones, derechos o recursos.
B. Registro, su cuenta y contenido de usuario
2. REGISTRO
2.1 Registro: Para crear un Evento o comprar Boletos utilizando los Servicios Universe usted debe:
(a) tener al menos 18 años, o la mayoría de edad legal en el país en el que resida, y ser capaz de celebrar contratos legalmente vinculantes; y
(b) crear una Cuenta protegida por contraseña, proporcionando su nombre completo correcto (o nombre comercial, si es una empresa) y dirección de correo electrónico (todos sus datos deben mantenerse actualizados en todo momento), pudiendo añadir más datos posteriormente si lo desea. El nombre de usuario de su Cuenta no puede incluir el nombre de otra persona con la intención de hacerse pasar por ella, ni ser ofensivo, vulgar u obsceno.
2.2 También puede registrarse para unirse iniciando sesión en su cuenta a través de un Sitio de Medios Sociales de Terceros. Tenga en cuenta que al conectarse al Sitio web y a los Servicios de Universe utilizando un Sitio de medios sociales de terceros, está dando permiso a Universe para (i) acceder y utilizar su información desde ese servicio según lo permitido por ese servicio; y (ii) almacenar su autorización de acceso a ese Sitio de medios sociales de terceros.
2.3 Si vende como "comerciante" (es decir, si actúa con fines comerciales, empresariales, artesanales o profesionales), le solicitamos que facilite a los compradores potenciales una dirección física, un número de teléfono y una dirección de correo electrónico antes de comprar los Boletos. Si este es su caso, debe registrarse con nosotros como vendedor comercial para que estos datos se incluyan en el Evento.
3. SU CUENTA
3.1 Contraseña: Usted es el único responsable de mantener la seguridad de su contraseña y de toda la actividad que ocurra en su Cuenta. No permitirá que nadie más que usted utilice su Cuenta. No podrá transferir ni vender el acceso a su Cuenta. No seremos responsables de ningún daño relacionado con la divulgación de su nombre de usuario o contraseña o con el uso por parte de otra persona de su nombre de usuario o contraseña. No podrá utilizar la Cuenta de otro Usuario sin el permiso de éste. Nos notificará inmediatamente por escrito si descubre cualquier uso no autorizado de su Cuenta u otra violación de seguridad relacionada con la cuenta. Podremos solicitarle que cambie su nombre de usuario y/o contraseña si creemos que su Cuenta ya no es segura o si recibimos una queja de que su nombre de usuario viola los derechos de otra persona. Usted no será propietario de su Cuenta ni de su nombre de usuario. Podemos rechazar el registro, cancelar una Cuenta o denegar el acceso al Sitio Web por cualquier motivo.
3.2 Empresas: Si usted está aceptando estos Términos y Condiciones en nombre de una empresa u otra entidad legal, usted representa y garantiza que tiene la autoridad para obligar a esa empresa u otra entidad legal (y "usted" se refiere y se aplica a esa empresa u otra entidad legal).
3.3 Comprobaciones financieras: Usted permite a Universe y/o a un tercero contratista llevar a cabo comprobaciones financieras con el fin de verificar su situación financiera (que no incluye una comprobación de crédito pero sí una comprobación de fraude) y acepta que Universe pueda pasar los datos de su Cuenta y de su tarjeta de pago a dicho tercero contratista para llevar a cabo dichas comprobaciones.
3.4 Política de privacidad: Consulte la Política de Privacidad de Universe y la Política de Cookies para obtener más detalles sobre cómo utilizamos y protegemos la Información de su Cuenta Universe.
3.5 Internacional: Su Cuenta puede utilizarse para acceder y utilizar los Servicios Universe en el Sitio Web y en cualquier plataforma internacional operada por Universe y/o para comprar Boletos para Eventos que tengan lugar en varios países. Sin embargo, tenga en cuenta que la compra y venta de Boletos para Eventos en dichos países fuera de la Unión Europea puede estar sujeta a un acuerdo diferente o modificado, a leyes, normas, reglamentos y a una Política de Privacidad diferentes.
4. CONTENIDO DEL USUARIO
4.1 Contenido del Usuario: Podemos, a nuestra entera discreción, permitir a los Usuarios enviar, cargar, publicar, o transmitir información de perfil, comentarios, preguntas, Comentarios, imágenes y otros contenidos o información ("Contenido de Usuario"). El Contenido de Usuario incluirá toda la información publicada, transmitida o puesta a disposición de otro modo por los Usuarios en los Servicios Universe en relación con la creación o reserva de Eventos.
4.2 Garantías del Contenido de Usuario: En relación con su Contenido de Usuario, usted declara y garantiza que:
(a) cuenta con el consentimiento por escrito de todas y cada una de las personas físicas identificables que aparecen en el Contenido de Usuario para utilizar el nombre o la imagen de dichas personas de la forma contemplada en los Servicios Universe y en las presentes Condiciones, y que cada una de dichas personas le ha eximido de cualquier responsabilidad que pueda surgir en relación con dicho uso;
(b) usted cuenta con el consentimiento por escrito del fotógrafo u otro propietario de cualquier imagen incluida en su Contenido de Usuario para utilizar dichas imágenes de la forma contemplada en los Servicios de Universe y en estos Términos y condiciones;
(c) el uso por parte de Universe de su Contenido de Usuario tal y como se contempla en estos Términos y condiciones y en los Servicios de Universe no infringirá ninguna ley ni vulnerará ningún derecho de terceros, incluidos, entre otros, los derechos de propiedad intelectual y los derechos de privacidad;
(d) su Contenido de Usuario no es ilegal, dañino, amenazante, abusivo, acosador, torticero, difamatorio, vulgar, obsceno, calumnioso, invasivo de la privacidad de otros, odioso o censurable desde el punto de vista racial, étnico o de otro tipo;
(e) Universe podrá ejercer los derechos sobre su Contenido de Usuario concedidos en virtud de los presentes Términos y Condiciones sin responsabilidad por el pago de tasas o cánones pagaderos en virtud de cualquier convenio colectivo o de otro tipo; y
(f) a su leal saber y entender, todo su Contenido de Usuario y cualquier otra información que nos proporcione es veraz y exacta.
4.3 Concesión de Licencia de Contenido de Usuario: Al publicar cualquier Contenido de Usuario en los Servicios de Universe, o al proporcionar Contenido de Usuario para que Universe o una compañía afiliada de Universe lo publique en su nombre, usted otorga expresamente, y declara y garantiza que tiene todos los derechos, poder y autoridad necesarios para otorgar, a Universe y sus compañías afiliadas una licencia libre de regalías, sublicenciable, transferible, perpetua, irrevocable, no exclusiva y mundial para usar, reproducir, modificar, publicar, listar información relacionada, editar, traducir, distribuir, sindicar, ejecutar públicamente, mostrar públicamente, y realizar trabajos derivados de todo el Contenido de usuario y su nombre, voz y/o imagen, y cualquier nombre, voz y/o imagen de terceros, tal y como aparece en su Contenido de usuario, en su totalidad o en parte, y en cualquier forma, medio o tecnología, ya sea conocida actualmente o desarrollada en el futuro, para su uso en relación con los Servicios de Universe y el negocio de Universe (y de sus sucesores y afiliados), incluyendo sin limitación la promoción y redistribución de parte o la totalidad de los Servicios de Universe (y trabajos derivados de los mismos) en cualquier formato de medio y a través de cualquier canal de medios. Por la presente, usted también concede a cada Usuario de los Servicios Universe una licencia no exclusiva para acceder a su Contenido de Usuario a través de los Servicios Universe, y para utilizar, reproducir, distribuir, mostrar y ejecutar dicho Contenido de Usuario según lo permitido a través de la funcionalidad de los Servicios Universe y bajo estos Términos y Condiciones.
4.4 Universe y el Contenido del usuario: Universe no asume responsabilidad alguna por cualquier Contenido de Usuario que usted o cualquier otro Usuario o tercero publique o envíe utilizando los Servicios Universe. Usted será el único responsable de su Contenido de usuario y de las consecuencias de enviarlo o publicarlo, y acepta que sólo actuamos como un conducto pasivo para su distribución y publicación en línea de su Contenido de usuario. Usted entiende y acepta que puede estar expuesto a Contenido de Usuario que sea inexacto, censurable, inapropiado para niños o inadecuado para su propósito, y acepta que Universe no será responsable de ningún daño en el que incurra (o alegue incurrir) como resultado del Contenido de Usuario.
C. Condiciones generales de venta de Boletos
5. CREACIÓN DE UN EVENTO
5.1 Responsabilidad del Organizador de crear un Evento: Al crear un Evento utilizando los Servicios Universe, los Organizadores ofrecen vender o distribuir, por el Precio de Venta, en su caso, Boletos para que los Compradores asistan a un Evento. Es responsabilidad del Organizador aclarar al Comprador cualquier restricción relativa al Evento o a los Boletos, y el Organizador es el único responsable de todos los Eventos que publique en el Sitio Web. Cualquier cambio en los Eventos, Publicaciones y Boletos debe comunicarse a los Usuarios y Compradores lo antes posible.
5.2 Publicación de un Evento: Una Publicación del Evento es una representación legal realizada por el Organizador sobre los detalles relevantes del Boleto y el Evento.
5.3 Información de contacto del Organizador: Todo Organizador registrado como Vendedor Comercial (véase el párrafo 2.3 anterior) está obligado a facilitar una dirección física, un número de teléfono y una dirección de correo electrónico a los Compradores antes de que adquieran cualquier Boleto. En consecuencia, estos datos deben incluirse en el Evento.
5.4 Preferencia del cargo por servicio: El Organizador puede elegir si el Cargo por Servicio será pagado por el Organizador o por el Comprador (como reposición del Organizador al Comprador).
5.5 Descripción del Evento: El Organizador debe proporcionar toda la información del Evento en la Publicación del mismo, por ejemplo:
(a) la ubicación del Evento;
(b) el nombre del Evento y del artista o artistas (si procede);
(c) la fecha del Evento
(d) el nombre y la dirección del Inmueble;
(e) el tipo de Boleto (por ejemplo, sentado, de pie, con Boleto programado, etc.);
(f) el precio de venta de cada Boleto
(g) un mapa de asientos del Evento;
(h) si el cargo por servicio está incluido o no en el precio de venta;
(i) el Cargo por Orden de Universe;
(j) la confirmación de que los impuestos aplicables están incluidos en el Valor total de la Transacción; si se donará o no una parte del Precio de Venta a una causa u organización benéfica en particular y los detalles asociados pertinentes;
(k) la política de reembolso, en su caso;
(l) cualquier información adicional, normas o requisitos especiales que se apliquen al Evento y/o a los Boletos (por ejemplo, restricciones de edad, restricciones de accesibilidad, visión restringida, sección familiar, restricciones de alcohol, etc.);
(m) si procede, información sobre cómo y cuándo se comunicará al Comprador si el Organizador ha aprobado o no la Transacción (véanse los apartados 6.2 y 14.5)
(n) cualquier información sobre el Comprador que el Organizador vaya a recopilar durante el proceso de la Transacción y detalles sobre cómo se procesarán dichos datos, incluidos los Datos de Usuario del Comprador que vayan a recopilarse; y
(o) cualquier otra información significativa relacionada con el Evento y/o lo(s) Boleto(s) que pueda afectar razonablemente a la decisión del Comprador sobre si comprar o solicitar un Boleto o no, incluida cualquier información exigida por ley.
5.6 Cumplimiento: Al crear un Evento o cuando Universe notifique al Vendedor que se ha creado un Evento en su nombre, el Organizador debe cumplir todas las leyes y reglamentos locales, nacionales e internacionales aplicables y estos Términos y Condiciones. Universe no asume responsabilidad alguna por el cumplimiento por parte del Organizador de las leyes, normas o reglamentos aplicables.
5.7 Garantías del Organizador: El Organizador declara y garantiza a Universe, y en su beneficio, que los Eventos que cree:
(a) se refieren únicamente a Boletos y Eventos sobre los que el Organizador tiene control, directa o indirectamente, y para los que el Organizador está autorizado a vender o distribuir Boletos;
(b) incluyan precios de los Boletos precisos y transparentes, así como información relativa a todos los gastos adicionales en los que incurrirán los Compradores;
(c) si se han reservado, se respetarán, a menos que se acuerde lo contrario con el Comprador;
(d) contenga un mapa de asientos (si procede) que sea exacto y refleje fielmente el lugar donde se celebra el Evento;
(e) no infrinjan ningún derecho de terceros (incluidos los derechos de propiedad intelectual);
(f) no están siendo publicados por el Organizador actuando en calidad de corredor, agente de alquileres o agente de Eventos para un tercero;
(g) no tengan el mismo contenido, o sustancialmente el mismo, que otros Eventos del Sitio Web y no estén publicados en ningún otro sitio web;
(h) no contengan en modo alguno información fraudulenta, inexacta o engañosa;
Nota: la venta de bienes robados o falsificados es un delito y Universe denunciará dicha actividad a las autoridades locales pertinentes y prohibirá permanentemente el uso de los Servicios Universe a cualquier persona que sea sorprendida vendiendo bienes robados o falsificados.
(i) no sean difamatorios, abusivos, amenazadores u obscenos;
(j) no sean contrarios a la ética o discriminatorios por motivos de edad, sexo, raza, estado civil, nacionalidad o creencias culturales, religiosas o personales, discapacidad, orientación sexual, opinión política o de otro tipo;
(k) no intenten solicitar a ningún Usuario que utilice un servicio de terceros que compita con los Servicios Universe;
(l) no infrinjan ninguna ley o normativa local, nacional o internacional aplicable, incluidas las relacionadas con la realización de donaciones benéficas
(m) no contengan ningún virus u otro programa que interfiera o intente interferir con cualquier sistema informático o datos;
(n) no puedan interpretarse como asociados a ninguna organización terrorista; y
(o) no contengan campañas políticas, solicitudes comerciales, cadenas de cartas, correos masivos o cualquier forma de "spam".
5.8 Impuestos aplicables: El Organizador es responsable de garantizar que el Valor de la Transacción incluya todos los impuestos exigidos en los Eventos, incluido el Impuesto al Valor Agregado (IVA) u otros impuestos locales aplicables. En caso de duda, el Organizador debe solicitar el asesoramiento de un experto fiscal para determinar qué impuestos deben cobrarse al Comprador. Los Organizadores registrados a efectos del IVA deben ponerse en contacto con support@universe.com.
5.9 Seguro: El Organizador es el único responsable de cualquier seguro que pueda ser necesario en relación con el Evento.
5.10 Cancelación, reprogramación o modificación del Evento: Si un Evento se cancela, reprograma o modifica de alguna manera, será responsabilidad exclusiva del Organizador, quien deberá comunicar la información necesaria a los Compradores de forma clara y sin demora. El Organizador deberá actualizar o eliminar el Evento y, en caso contrario, Universe se reserva el derecho a eliminar el Evento de los Servicios Universe.
5.11 Sin garantía de Universe: Universe no garantiza que los Eventos realizados a través de los Servicios Universe se publiquen y activen en un plazo determinado desde que el Organizador publique un Evento o que aparezca en un orden determinado en los resultados de búsqueda o que la(s) Boleto(s) se venda(n). Si un Boleto no se vende, Universe no acepta ninguna responsabilidad.
6. VENTA DE BOLETOS
6.1 Preferencias de Procesamiento de Pagos: El Organizador puede seleccionar uno de los dos Métodos de Procesamiento de Pagos al crear un Evento; Pagos Universe o Pagos Stripe, de los que encontrará más detalles en Preferencias de Procesamiento de Pagos. Una vez que el Organizador ha seleccionado el Método de Procesamiento de Pagos para un Evento, puede cambiarlo en cualquier momento; sin embargo, los fondos de las ventas de Boletos existentes seguirán pagándose a través del Método de Procesamiento de Pagos establecido en el momento de la venta.
6.2 Configuración de aprobación: Los Organizadores pueden configurar un Evento de modo que se requiera la aprobación del Organizador para que un Comprador pueda completar una Transacción. Dichos Eventos deben especificar el plazo en el que el Organizador debe aprobar o rechazar la Transacción. Si el Organizador no confirma ni rechaza la Transacción en dicho plazo, ésta se cancelará automáticamente.
6.3 Contrato de venta y confirmación del pedido: Tras la aprobación del Organizador, si procede, cuando un Comprador complete el proceso de venta introduciendo sus datos de pago y haciendo clic en "pagar ahora" para los Eventos de pago o en "registrarse" para los Eventos gratuitos, las partes quedarán vinculadas contractualmente entre sí para completar la Transacción.
6.4 Entrega fallida: Las Confirmaciones de Pedido se generan automáticamente y se envían al Comprador una vez que éste ha completado el proceso de pago. Cualquier notificación de entrega fallida que el Organizador reciba de un Comprador deberá ser tramitada por el Organizador lo antes posible y, en cualquier caso, antes de la fecha del Evento en cuestión.
6.5 Eventos en Disputa: Si un Comprador disputa cualquier elemento de un Evento o del Valor de una Transacción, dicha disputa será entre el Comprador y el Organizador y Universe no tendrá ninguna implicación.
7. PAGOS UNIVERSE
7.1 Pagos Universe: Universe Payments es la opción de pago que está disponible para los Organizadores y que no requiere ninguna configuración por parte del Organizador.
7.2 Pago a los Organizadores: Siempre que el Evento haya tenido lugar, y no haya surgido ninguna disputa en relación con la Transacción, y no haya reembolsos pagaderos a ningún Comprador en virtud de los términos y condiciones aplicables, Universe pagará los ingresos del Precio de Venta debidos al Organizador por la Transacción, utilizando el método de pago seleccionado por el Organizador, aproximadamente 48 horas después de la finalización del Evento.
7.3 Datos de pago: Los Organizadores son responsables de proporcionar a Universe información precisa sobre la cuenta bancaria asociada a su Cuenta y de mantenerla actualizada en todo momento.
7.4 Saldo de la Cuenta: Los Organizadores serán notificados por correo electrónico una vez que los fondos estén disponibles para su retirada. Universe procesará los pagos al Organizador, tras la recepción de una solicitud de retirada, dentro de un plazo comercialmente razonable a partir de dicha solicitud.
7.5 Pagos: En algunas circunstancias, el pago solo se realizará si el importe adeudado al Organizador alcanza al menos el Importe Mínimo. Los importes pendientes de pago inferiores al Importe Mínimo se transferirán indefinidamente hasta que el importe acumulado alcance o supere el Importe Mínimo. Si los Organizadores desean que se les remita su saldo en un mes determinado en el que el importe que se les adeuda sea inferior al Importe Mínimo, deberán ponerse en contacto con Universe en support@universe.com para solicitarlo.
7.6 Retención de pagos: Universe se reserva el derecho de retener el pago a un Organizador o cobrar en la cuenta del Organizador cualquier cantidad que de otro modo se adeudaría a Universe, o cualquier cantidad adeudada como resultado de un incumplimiento de estos Términos y Condiciones, a la espera de que Universe investigue razonablemente dicho incumplimiento, a su entera discreción. Universe se reserva el derecho de congelar cualquier pago adeudado a los Organizadores durante un máximo de 6 meses si, a su entera discreción, considera que los cargos pueden ser impugnados por los Compradores o que el Organizador, Evento y/o Boletos parecen ser fraudulentos.
7.7 Impugnación de pagos: Si un Organizador impugna cualquier pago realizado o adeudado por Universe, el Organizador debe notificarlo por escrito a Universe en un plazo de 30 días a partir del momento en que se pague o venza dicho pago. Si el Organizador no notifica a Universe dentro del plazo requerido, renunciará a cualquier reclamación relacionada con dicho pago en disputa.
7.8 Reembolsos: Si un Organizador concede a un Comprador un reembolso de acuerdo con estos Términos y Condiciones, pero no tiene fondos suficientes en su cuenta Universe para cubrir el importe del reembolso, el Organizador añadirá inmediatamente fondos suficientes a su cuenta Universe para permitir a Universe pagar el reembolso al Comprador. Universe no pagará ningún reembolso a menos que y hasta que haya fondos suficientes en la cuenta Universe del Organizador. Se cobrará al Organizador el Cargo por Servicio, que será retenido por Universe.
8. PAGOS CON STRIPE
8.1 Pagos con Stripe: Al configurar una cuenta Stripe Connect a través del sitio web de Stripe, los Organizadores pueden vincular su Cuenta con Stripe para procesar los pagos de sus Eventos utilizando su propia cuenta de comerciante para gestionar sus propios pagos.
8.2 Pagos: Inmediatamente después de que el Comprador complete una Transacción, el valor total del Precio de Venta se abonará directamente en la cuenta Stripe del Organizador y el Cargo por Servicio y el cargo por orden de Universe (cuando corresponda) se abonarán directamente a Universe.
8.3 Reembolsos: En caso de que un Comprador solicite un reembolso del Valor de la Transacción, este se concederá a la entera discreción del Organizador, de conformidad con estos Términos y Condiciones. Universe no tendrá ninguna responsabilidad ante los Compradores, y los reembolsos serán responsabilidad exclusiva del Organizador.
8.4 Disputas: Todas las consultas y disputas relacionadas con los Pagos de Stripe se regirán por Stripe y el Organizador, sin recurso contra Universe.
9. CONTRACARGOS
9.1 Contracargos: Cualquier devolución de cargo en tarjetas de crédito u otras reversiones de transacciones iniciadas contra Universe o sus afiliados por cualquier motivo (excepto en la medida en que sean causadas únicamente por negligencia o mala conducta intencionada de Universe) con respecto al Evento de un Organizador, y todas las asociaciones de tarjetas de crédito relacionadas, el procesamiento de pagos y otros gastos y comisiones en que incurra Universe o sus afiliados en relación con dichos cargos, serán en última instancia responsabilidad del Organizador, quien se compromete a reembolsar a Universe de forma inmediata y completa dichos importes cuando se le solicite. Universe se reserva el derecho de retener al menos el 10 % de los ingresos del Organizador, a su entera discreción, para cubrir el costo de cualquier cargo que pueda surgir. Universe no tendrá ninguna responsabilidad ante el Organizador con respecto a cualquier devolución iniciada por un Comprador. Universe no tendrá ninguna obligación de impugnar ninguna solicitud de devolución y lo hará a su entera discreción.
10. EVENTOS CANCELADOS, REPROGRAMADOS Y APLAZADOS
10.1 Cambio y cancelación de Boletos: Los Boletos no pueden ser canceladas, cambiadas o reembolsadas después de su compra, salvo en las circunstancias establecidas en los párrafos 10.2, 10.3 y 10.4 a continuación, o de otro modo a discreción del Organizador.
10.2 Cancelación de un evento: si un evento se cancela en su totalidad (y no se reprograma), el organizador reembolsará al comprador el precio de venta de la Boleto (pero no el cargo por servicio). Si el evento se celebra en más de un día, pero no se cancelan todos los días, el Organizador reembolsará al Comprador la parte proporcional de los días cancelados.
10.3 Reprogramación: Si se aplaza o reprograma un Evento, los Boletos adquiridas serán válidas para el Evento reprogramado. El Comprador también puede solicitar el reembolso del Precio de Venta si no puede asistir al Evento reprogramado, siempre que solicite el reembolso al Organizador dentro de un plazo razonable tras la notificación de la(s) nueva(s) fecha(s) del Evento, y el Organizador reembolsará al Comprador el Precio de Venta de la Boleto (pero no el Cargo por Servicio).
10.4 Alteración sustancial: si un Evento sufre una alteración sustancial (es decir, un cambio, que no sea una reprogramación, que haga que el Evento difiera sustancialmente del Evento descrito en el Evento en el momento de la compra), el Comprador podrá solicitar la devolución del Precio de Venta, siempre que solicite la devolución al Organizador dentro de un plazo razonable tras la notificación de la alteración sustancial. Para evitar cualquier duda, no se considerarán alteraciones materiales: el uso de suplentes en representaciones teatrales; condiciones meteorológicas adversas; cambios en cualquier actuación secundaria; cambios en los miembros individuales de una banda; cambios en el cartel de cualquier evento con múltiples artistas (como un festival); reducción del evento cuando la mayor parte del mismo se represente en su totalidad; y retrasos en el comienzo de la representación de un evento.
11. USO Y RECOPILACIÓN DE DATOS POR PARTE DE UNIVERSE
11.1 Universe recopila Datos del Comprador del Universo como Controlador de Datos. Universe transmitirá o pondrá a disposición del Organizador a través de las Herramientas del Organizador los Datos Copiados del Organizador.
11.2 El Organizador es el Controlador de Datos de los Datos Copiados del Organizador desde el momento en que se transmiten o se ponen a disposición del Organizador.
11.3 Universe y el Organizador son Controladores de Datos separados e independientes y cada parte es responsable individual y separadamente del cumplimiento de sus obligaciones como Controlador de Datos en virtud de la Legislación de Protección de Datos. En particular, Universe y el Organizador:
(a) es responsable del cumplimiento de todos los requisitos de transparencia y legalidad necesarios en virtud de la legislación sobre protección de datos; y
(b) aplicará las medidas técnicas y organizativas apropiadas para proteger los Datos del Comprador del Universo y los Datos de Copia del Host, respectivamente, de (i) la destrucción accidental o ilícita, y (ii) la pérdida, alteración o divulgación no autorizada de dichos datos, o el acceso no autorizado a los mismos.
11.4 Procesamiento de Datos: Cuando Universe procese Datos Adicionales del Comprador o procese cualquier Copia de Datos del Organizador en nombre del Organizador a través de las Herramientas del Organizador como Procesador de Datos, se aplicarán los párrafos 11.4 a 11.7.
11.5 El alcance del tratamiento realizado por Universe en nombre del Organizador en virtud del apartado 11.4 es el siguiente:
(a) alcance: cualquier tratamiento de Datos Adicionales del Comprador y/o uso de las Herramientas del Organizador para tratar Datos Copiados del Organizador;
(b) duración: la vigencia de los presentes Términos y Condiciones;
(c) tipos de Datos Personales: nombre, correo electrónico, datos de contacto; y
(d) categorías de interesados: Compradores de Host Listings.
11.6 En relación con el procesamiento de Universe en virtud del párrafo 11.4, Universe deberá:
(a) seguir las instrucciones documentadas del Organizador para el tratamiento de Datos Adicionales del Comprador y/o Datos Copiados del Organizador. Cualquier instrucción adicional estará sujeta al acuerdo entre el Organizador y Universe;
(b) informar al Organizador si, en opinión de Universe, las instrucciones del Organizador infringen el GDPR;
(c) garantizar que las personas a las que proporcione acceso a dichos Datos del Comprador Adicionales y/o Datos Copiados del Organizador estén obligadas a mantener su confidencialidad; establecer medidas de seguridad técnicas y organizativas adecuadas para proteger contra la destrucción accidental o ilícita, la pérdida, la alteración, la divulgación no autorizada o el acceso a dichos Datos Personales (una "violación de datos personales");
(d) informar al Organizador sin demora indebida si tiene conocimiento de una violación de datos personales;
(e) ayudar al Organizador a responder a las solicitudes de personas físicas para ejercer sus derechos como sujetos de datos en virtud del RGPD, en la medida en que dicha asistencia se refiera a dichos Datos del Comprador Adicionales y/o Datos Copiados del Organizador procesados por Universe como Procesador de Datos;
(f) ayudar al Organizador a cumplir sus obligaciones en virtud de los artículos 32 a 36 del GDPR, en la medida en que dicha asistencia se refiera a dichos Datos del Comprador Adicionales y/o Datos Copiados del Organizador procesados por Universe como Procesador de Datos;
(g) a petición del Organizador, proporcionar pruebas de su cumplimiento de los apartados 11.4 a 11.7 inclusive y permitir que el Organizador lleve a cabo una auditoría documental de dicho cumplimiento;
(h) no transferirá ningún Dato Adicional del Comprador y/o Datos Copiados del Organizador a ningún país fuera del Espacio Económico Europeo, a menos que tenga una base legal para la transferencia; y
(i) a la terminación o expiración de los presentes Términos y Condiciones, a elección del Organizador, devolver o eliminar sin demora dichos Datos del Comprador Adicionales y/o Datos de Copia de Organizador, salvo cuando Universe esté obligado a conservar dichos Datos Personales en virtud de la legislación aplicable.
11.7 En la medida en que Universe requiera autorización para designar subprocesadores en virtud de la Legislación de Protección de Datos de la UE, el Organizador concede a Universe una autorización general para contratar a sus subprocesadores actuales para procesar dichos Datos del Comprador Adicionales y/o Datos Copiados del Organizador. El acceso a dicha lista de subencargados se pondrá a disposición del Organizador previa solicitud. Si el Organizador se opone a cualquier cambio de los subprocesadores incluidos en la lista por motivos razonables relacionados con la protección de datos, el Organizador podrá dejar de utilizar los Servicios de Universe. Universe contratará con sus subprocesadores en términos de protección de datos equivalentes a los contenidos en estos Términos y Condiciones y Universe seguirá siendo responsable de los actos y omisiones de sus subprocesadores.
11.8 El Organizador indemnizará a Universe por todos los costes, gastos (incluidos los gastos legales), daños, pérdidas (incluida la pérdida de negocio o pérdida de beneficios), responsabilidades, demandas, reclamaciones, acciones o procedimientos en los que Universe pueda incurrir como consecuencia de: (i) el cumplimiento por parte de Universe de cualquier instrucción dada por el Organizador a Universe en relación con el tratamiento de Datos Personales (incluidas las instrucciones en relación con las solicitudes de personas físicas que ejerzan sus derechos en virtud de la Legislación de Protección de Datos de la UE y cualquier instrucción para conservar, revelar, modificar o tratar de otro modo dichos datos); o (ii) cualquier incumplimiento por parte del Organizador de este párrafo 11 o del párrafo 12.
12. HERRAMIENTAS DE UNIVERSE
12.1 Los Servicios Universe pueden incluir el suministro de Herramientas del Organizador que incluyen cualquier equipo o software (incluido el software como servicio). Cuando Universe proporcione al Organizador acceso a las Herramientas del Organizador, el Organizador deberá:
(a) cumplir con cualesquiera términos y condiciones especiales notificados al Organizador en relación con cualesquiera Herramientas de Organizador específicas;
(b) mantener seguros todos los nombres de usuario y contraseñas y asegurarse de que no se revelan a ninguna persona no autorizada o a terceros;
(c) disponer de procesos y procedimientos de seguridad adecuados en relación con el uso de las Herramientas de Host e Internet y que todos los usuarios autorizados reciban formación sobre dichos procesos y procedimientos de seguridad;
(d) asegurarse de que tiene y pone a disposición de los Compradores un aviso de privacidad adecuado, cuando proceda; y
(e) será el único responsable de cualquier actividad realizada utilizando las Herramientas de Host (ya sea por Universe en nombre del Host, o por el propio Host) y se asegurará de que todas esas actividades se realicen de conformidad con todas las leyes y reglamentos aplicables, y el Host será responsable y por la presente indemniza a Universe por cualquier pérdida incurrida por o en relación con cualquier infracción de dichas leyes y/o reglamentos.
12.2 El Organizador reconoce que cualquier uso de las Herramientas de Organizador no confiere al Organizador ningún derecho de propiedad intelectual o de otro tipo en relación con las Herramientas de Organizador.
12.3 Las Herramientas de Host se proporcionan al Host "tal cual", sin garantías de ningún tipo, ni expresas ni implícitas, incluidas las garantías de comerciabilidad o idoneidad para un fin o uso particular con respecto a internet o al uso de la información en relación con cualquiera de las Herramientas de Host proporcionadas en este párrafo 12.4. El Organizador reconoce que las comunicaciones electrónicas y las bases de datos están sujetas a errores, piratería informática, caídas, manipulaciones y allanamientos. Aunque Universe se compromete a tomar las precauciones de seguridad razonables para evitar tales incidentes, Universe no garantiza ni asegura que tales incidentes no se produzcan.
13. MEDIDAS DE EJECUCIÓN CONTRA LOS ORGANIZADORES
13.1 Cancelación: Universe se reserva el derecho de cancelar un Evento y/o una Transacción y/o la Cuenta de un Organizador a su entera discreción, por cualquier motivo y en cualquier momento.
D. Condiciones generales - Compra de Boletos
14. PRECIO Y PAGO
14.1 Precio de venta: El Organizador fija el Precio de Venta de la Boleto y puede modificarlo en cualquier momento antes de que tenga lugar una Transacción.
14.2 Tasas/Cargos: Cuando un Comprador selecciona una o más Boletos para su compra, el Organizador indicará claramente cualquier cargo y/o tasa adicional asociados a la Boleto y a la Transacción.
14.3 Compruebe su pedido: Como Comprador, debe asegurarse de que ha leído todos los detalles del Evento y de que está satisfecho con su selección de Boletos antes de la compra. Universe no rectificará ningún problema que surja y los Organizadores sólo lo harán a su entera discreción.
14.4 Información de pago: El Comprador garantiza y declara que está autorizado a utilizar el método de pago seleccionado y que la información de facturación proporcionada es completa, actualizada y exacta.
14.5 Ajustes de aprobación: Algunos Eventos pueden requerir la aprobación del Organizador antes de que el Comprador pueda adquirir Boletos. Dichos Eventos especificarán los plazos en los que el Organizador debe dar su aprobación. Si no se concede la aprobación dentro de dichos plazos, su pedido se cancelará y no se efectuará el pago.
14.6 Confirmación del pedido: Una vez que el Comprador haya completado su compra, introduciendo sus datos de pago, cuando sea necesario, y haciendo clic en "pagar ahora" para los Eventos de pago o en "registrarse" para los Eventos gratuitos, se enviará automáticamente al Comprador una Confirmación de Pedido, que es el momento en el que el Comprador y el Organizador establecen un acuerdo vinculante. La Confirmación de Pedido contendrá la Boleto con la que el Comprador podrá asistir al Evento. Si no se recibe la Confirmación de Pedido, se puede recuperar desde el panel de control de la Cuenta, junto con la Boleto.
14.7 Pago: Una vez que el Comprador reciba la Confirmación de Pedido, dependiendo del Método de Procesamiento de Pago que el Organizador haya seleccionado, el Comprador acepta que Universe o un procesador de pagos externo, que actúe en nombre del Organizador, cargue el Valor de la Transacción en el método de pago proporcionado por el Comprador. A menos que el Organizador acuerde lo contrario, o cuando lo exija la ley, o se apliquen las circunstancias establecidas en los párrafos 10.2, 10.3 y 10.4, no se proporcionarán reembolsos ni créditos una vez que se haya cargado el importe al Comprador.
14.8 Otros términos y condiciones de los Boletos: Todas los Boletos adquiridas por el Comprador están sujetas a los términos y condiciones de los Boletos, del Evento y del Recinto, así como a todas las leyes y reglamentos aplicables, incluyendo cualquier restricción a la reventa o transferencia de Boletos.
14.9 Consultas posventa: Si el Comprador tiene alguna pregunta o duda tras la compra de un Boleto, deberá ponerse en contacto directamente con el Organizador y no deberá ponerse en contacto ni intentar ponerse en contacto con Universe.
14.10 Donaciones: Los Organizadores pueden comprometerse a donar una parte del Precio de Venta a una causa u organización benéfica concreta. Universe no controla ni acepta responsabilidad alguna por las donaciones prometidas por el Organizador. Universe no investiga ni garantiza de ningún otro modo la exactitud de las declaraciones de donación realizadas por los Organizadores en los Eventos.
14.11 Divisas: Universe proporciona una función a través de la cual los Usuarios pueden ver las tarifas de varios Eventos en divisas extranjeras. Los Precios de Venta indicados en divisas extranjeras tienen únicamente fines informativos. Usted entiende y acepta que dichas monedas extranjeras no son el Precio de Venta oficial y en el momento en que solicite una reserva se le notificará la moneda en la que se le cobrará junto con el Valor de la Transacción correspondiente. El valor se pagará en la moneda especificada en el momento de la compra.
15. CANCELACIONES Y REEMBOLSOS
15.1 Cancelaciones: La política de cancelación y reembolso de un Boleto se establece en el numeral 10 anterior.
15.2 Reembolsos: Si un Comprador desea solicitar un reembolso de conformidad con estos Términos y Condiciones, deberá ponerse en contacto con el Organizador del Evento utilizando los datos de contacto que se señalan en la página del Evento. Si el Organizador acepta que se debe realizar un reembolso, este será emitido por el Organizador en un plazo comercialmente razonable, normalmente puede ser en un plazo de una semana después de que se haya acordado el reembolso. Cuando un Organizador haya seleccionado utilizar Universe Payments, Universe solo emitirá reembolsos con la condición de que el Organizador haya proporcionado los fondos para hacerlo. Los cargos por servicio, si son aplicables, pueden no ser reembolsables, salvo que lo exija la ley. El cargo por orden de Universe solo es reembolsable en las circunstancias establecidas en los numerales 10.2, 10.3 y 10.4 de estos Términos y condiciones. En caso de disputa entre el Comprador y el Organizador sobre si se debe pagar un reembolso, se aplicará el párrafo 15.3 a continuación.
15.3 Disputas: Si surge alguna disputa entre el Comprador y el Organizador, incluyendo si se debe pagar un reembolso, el Comprador se pondrá en contacto con el Organizador para exponer los detalles de la disputa y la resolución que busca. El Organizador tendrá 48 horas para refutar dicha disputa, transcurrido ese periodo podrá pasar cualquiera de los siguientes supuestos: (i) si el Organizador no refuta dicha disputa, el Organizador reembolsará al Comprador el precio total de venta; o, (ii) si el Organizador refuta dicha disputa, las dos partes deberán ponerse en contacto entre sí para resolver la disputa y enviar la confirmación de la resolución a Universe en un plazo de 30 días. Si el Comprador y el Organizador no llegan a una resolución en un plazo de 30 días a partir del contacto inicial del Comprador, el Comprador o el Organizador podrán ponerse en contacto con Universe para solicitar que resuelva la disputa, en cuyo caso Universe resolverá definitivamente la disputa a su entera y absoluta discreción. Universe no tendrá ninguna responsabilidad ante ninguna de las partes en relación con la resolución de cualquier disputa. Es responsabilidad del Organizador proporcionar pruebas de que un Comprador asistió a un Evento en un plazo de 48 horas a partir de la solicitud de Universe.
16. MEDIDAS CONTRA LOS COMPRADORES
16.1 Cancelación de compras: Universe se reserva el derecho a cancelar la transacción de un Comprador en cualquiera de las siguientes circunstancias:
(a) Si Universe sospecha de alguna actividad fraudulenta, ilegal o poco ética relacionada con una o varias compras; y/o
(b) Si Universe sospecha de algún uso no autorizado de la cuenta de un Comprador y/o de los servicios de Universe; y/o
(c) se produce un incumplimiento de estos Términos y Condiciones.
17. MERCANCÍA Y COMPLEMENTOS
17.1 El Organizador será el único responsable de cumplir con todas las obligaciones de cumplimiento, canje y entrega relacionadas con el cumplimiento y la entrega de cualquier mercancía, producto y/o servicio adicional que se empaquete o venda en relación con los Boletos para cualquier Evento, así como de todos los costos asociados a ello. El Organizador indemnizará y eximirá de responsabilidad a Universe y a las filiales y licenciatarios de Universe (y a sus respectivos directivos, directores, empleados, licenciatarios, contratistas, mandantes y agentes) frente a cualquier reclamación, costo (incluidos los costos judiciales y los honorarios legales razonables), obligación, pérdida y responsabilidad relacionados con, o en conexión con, dichos productos, mercancías y/o servicios adicionales.
18. POLÍTICA DE PRIVACIDAD: Consulte la Política de Privacidad y la Política de Cookies de Universe para obtener más detalles sobre cómo utilizamos y protegemos sus Datos Personales.
E. Términos y Condiciones Generales
19. DEFINICIONES E INTERPRETACIÓN
19.1 En estos Términos y condiciones:
"Cuenta" se refiere a la cuenta creada por usted para utilizar los Servicios de Universe.
“Datos adicionales del comprador” se refiere a cualquier dato que el Organizador indique a Universe que recopile sobre los compradores del Organizador como parte de un Anuncio, que no sea también un dato del comprador de Universe.
“Legislación sobre protección de datos” se refiere a todas las leyes, normas y reglamentos sobre datos y privacidad, en la medida en que sean aplicables en cada momento, incluyendo, sin limitación, la siguiente legislación («Legislación de la UE sobre protección de datos»): (a) Reglamento 2016/679 del Parlamento Europeo y del Consejo relativo a la protección de las personas físicas en lo que respecta al tratamiento de datos personales y a la libre circulación de estos datos (Reglamento general de protección de datos) (el «RGPD»); (b) la Directiva sobre privacidad y comunicaciones electrónicas (2002/58/CE); y (c) cualquier otra ley nacional de privacidad aplicable promulgada en virtud de (a) o (b); en cada caso, tal y como pueda ser modificada o sustituida en cada momento.
“Responsable del tratamiento” tiene el significado que se le da en la legislación de la UE en materia de protección de datos.
“Encargado del tratamiento” tiene el significado que se le da en la legislación de la UE en materia de protección de datos.
“Evento” significa cualquier evento o actividad con Boleto detallada en un Anuncio para la que se puedan emitir, comprar o vender Boletos a través de los Servicios de Universe.
"Feedback" significa opiniones, comentarios y sugerencias para mejorar los Servicios de Universe publicados por los Usuarios.
"Fuerza mayor" se refiere a cualquier causa fuera del control de Universe, incluyendo, sin limitación, casos fortuitos, guerra, insurrección, revuelta, disturbios civiles, actos de terrorismo, incendio, explosión, inundación, epidemia, robo de equipos esenciales, daños malintencionados, huelga, cierre patronal, condiciones meteorológicas, requerimiento de terceros, requisitos de defensa nacional, actos o reglamentos de gobiernos nacionales o locales.
"Evento" se refiere al Evento o Eventos de Eventos y Boletos creados por un Organizador, para los que los Boletos están disponibles para su venta o distribución y que incluyen el contenido digital creado para dicho Evento.
"Confirmación de pedido" se refiere a la notificación por escrito que confirma una Transacción, emitida automáticamente al Comprador una vez completado el proceso de reserva, momento en el que se establece un acuerdo legalmente vinculante con respecto a la Transacción entre el Comprador y el Organizador.
"Método de procesamiento de pagos" se refiere a uno de los dos métodos de procesamiento de pagos, ya sea Universe Payments o Stripe Payments, al vender Boletos utilizando los Servicios Universe.
"Datos Personales" tiene el significado que se le da en la Legislación de Protección de Datos del lugar de su residencia.
"Precio de Venta" se refiere al precio al que el Organizador ofrece un Boleto a la venta, ya sea en GBP, EUR u otra divisa aplicable, utilizando los Servicios Universe, que puede ser nulo (es decir, algunos Eventos pueden ser gratuitos) y que incluye todos y cada uno de los costes y cargos adicionales que pueda establecer el Organizador, aparte del Cargo por Servicio y la Tarifa por Pedido de Universe.
"Datos Copiados del Organizador" se refiere a una copia de la parte de los Datos del Comprador de Universe que Universe pasa o pone a disposición del Organizador en la medida necesaria para el Evento de un Organizador.
"Herramientas del Organizador" se refiere a cualquier equipo y/o software y servicios relacionados que Universe proporcione al Organizador como parte de los Servicios Universe, por ejemplo, informes, gestión de correo electrónico o análisis de datos.
"Cargo por Servicio" se entiende el cargo por servicio no reembolsable (salvo que se exija legalmente) pagadero a Universe por la prestación de los Servicios Universe, que a elección del Organizador puede ser cargado exclusivamente al Organizador (en cuyo caso dicho importe será cobrado por Universe antes de la liquidación de los ingresos por ventas) o puede ser suministrado de nuevo al Comprador por el Organizador (en cuyo caso dicho importe aparecerá en el subtotal de la página de pago y será pagado por el Comprador además del Precio de Venta como parte del Valor total de la Transacción). El Cargo por Servicio no incluye los impuestos aplicables al tipo vigente en ese momento. Los impuestos aplicables son pagaderos adicionalmente.
"Pagos Stripe" se refiere a la integración de la propia cuenta Stripe del Organizador para procesar los pagos realizados por un Comprador.
"Sitio de redes sociales de terceros" hace referencia a sitios web y aplicaciones de terceros que permiten a los usuarios crear y compartir contenidos o participar en redes sociales, incluidos, entre otros, Facebook, Twitter y Google Chrome.
"Importe Mínimo" significa 10 libras esterlinas o su importe equivalente en la moneda del país en el que resida.
"Boleto(s)" significa un Boleto electrónica u otro tipo de prueba del derecho a ocupar espacio en un Evento o a asistir al mismo.
"Transacción" se refiere a una transacción realizada a través de los Servicios Universe en la que el Comprador acepta comprar y el Organizador acepta vender una o más Boletos al Precio o Precios de Venta indicados.
“Valor de la Transacción” significa el importe total que debe pagar un Comprador en virtud de una Transacción, que incluye todos los costos y comisiones establecidos en el párrafo 14.2.
“Información de la cuenta Universe” se refiere a los datos personales que usted carga al registrar su cuenta.
“Datos de Usuario del Comprador Universe” se refiere a los datos recopilados por Universe de los Compradores como parte de su uso de los Servicios de Universe.
“Pagos Universe” significa la opción predeterminada del Método de procesamiento de pagos a través de la cual el Valor de la transacción se paga a Universe, quien remitirá el importe o importes del Precio de venta al Anfitrión.
“Cargo por Orden de Universe” significa, cuando corresponda, la tarifa por pedido que los compradores deben pagar a Universe cuando hay boletos y/o complementos pagados en una transacción. Dicho importe aparecerá en el subtotal de la página de pago y será pagado por el comprador además del precio de venta y el cargo por servicio como parte del valor total de la transacción. La tarifa por pedido de Universe incluye todos los impuestos aplicables al tipo vigente en ese momento. La tarifa por pedido de Universe solo es reembolsable en las circunstancias establecidas en los párrafos 10.2, 10.3 y 10.4 de estos Términos y Condiciones.
“Servicios de Universe” se refiere a todos los servicios en línea de Universe, incluyendo, entre otros, el sitio web, la aplicación de software disponible para descargar en un teléfono inteligente que contiene una versión modificada del sitio web y todos los servicios móviles, cualquier software o hardware proporcionado y cualquier herramienta y servicio relacionado proporcionado por Universe o una empresa afiliada a Universe.
“Inmueble” significa cualquier sitio, instalación o lugar donde se celebre un Evento.
"Sitio Web” significa cualquier sitio web gestionado o proporcionado por Universe, incluida cualquier aplicación de software disponible para su descarga en un teléfono inteligente que contenga una versión modificada del sitio web.
20. RESCISIÓN
20.1 Rescisión por parte de Universe: Universe se reserva el derecho a rescindir su Cuenta y/o cancelar cualquiera de sus Transacciones y/o eliminar su Anuncio y/o prohibirle el uso de los Servicios de Universe en el futuro si:
(a) se denuncia a Universe cualquier comportamiento abusivo o amenazante por parte de usted o a través de su Cuenta;
(b) Universe sospecha de cualquier uso no autorizado de su Cuenta y/o de los Servicios de Universe;
(c) Universe sospecha de cualquier actividad fraudulenta u otra actividad ilegal relacionada con su Cuenta;
(d) usted incumple de cualquier otra forma estos Términos y Condiciones;
(e) cualquier autoridad legal o reguladora local ordena a Universe que lo haga;
(f) usted es una persona física y no puede pagar sus deudas a su vencimiento o se declara en quiebra, o si es una empresa y se ve sujeta a una orden de administración o llega a un acuerdo voluntario o convenio con sus acreedores (o cualquier otro acuerdo similar aplicable en el país en el que reside), o un acreedor hipotecario toma posesión o se nombra un administrador judicial sobre su propiedad o activos, o la empresa se liquida o cesa o amenaza con cesar en su actividad, salvo con fines de reconstrucción; y/o
(g) Universe le envía una notificación por escrito de rescisión con 30 días de antelación, a elección de Universe.
20.2 Cancelación por parte del Usuario: El usuario puede cancelar su Cuenta en cualquier momento a través de la función Cancelar cuenta o enviando un correo electrónico a support@universe.com. Si el usuario es un Anfitrión, antes de cancelar su cuenta, debe cancelar cualquier Entrada que haya vendido para Eventos que no se hayan celebrado, notificarlo a los Compradores y reembolsarles el importe, si utiliza Pagos Stripe, o solicitar a Universe que reembolse a los Compradores, si utiliza Pagos Universe . Tenga en cuenta que, si se cancela su Cuenta, Universe no tiene la obligación de eliminar ni devolverle ningún Contenido de usuario que haya publicado en los Servicios de Universe.
20.3 Consecuencias de la rescisión: La rescisión de su Cuenta no afectará a sus derechos y responsabilidades ni a los de Universe acumulados antes de la fecha de rescisión, incluida esta, ni a ningún término destinado, de forma expresa o implícita, a sobrevivir a la rescisión.
21. NORMAS DEL SERVICIO UNIVERSE
21.1 Normas: En relación con el uso que haga de los Servicios Universe, usted no podrá y acepta que no hará lo siguiente:
(a) infringir ninguna ley o normativa local, estatal, provincial, nacional o de otro tipo, ni ninguna orden judicial;
(b) infringir los derechos de cualquier persona o entidad, incluidos, entre otros, sus derechos de propiedad intelectual, privacidad, publicidad o contractuales;
(c) interferir o dañar los Servicios de Universe, incluyendo, entre otros, mediante el uso de virus, bots, troyanos, códigos dañinos, ping de inundación, ataques de denegación de servicio, suplantación de paquetes o IP, información de enrutamiento o direcciones de correo electrónico falsificadas o métodos o tecnologías similares;
(d) utilizar los Servicios de Universe en relación con la distribución de correos electrónicos comerciales no solicitados («spam») o anuncios publicitarios no relacionados con los Servicios de Universe;
(e) «acosar» o hostigar a cualquier otro Usuario de los Servicios de Universe, ni recopilar o almacenar información de identificación personal sobre cualquier otro Usuario (salvo en los casos expresamente permitidos por los Servicios de Universe);
(f) enviar o proporcionar enlaces a publicaciones que contengan material que pueda considerarse dañino, obsceno, pornográfico, sexualmente explícito, indecente, lascivo, violento, abusivo, profano, insultante, amenazante, acosador, odioso o de cualquier otro modo objetable, que incluya la imagen o semejanza de personas menores de 18 años, que fomente o represente o glorifique el consumo de drogas (incluido el alcohol y el tabaco), que caracterice la violencia como aceptable, glamurosa o deseable, o que contenga cualquier información de contacto personal u otra información personal que identifique a terceros;
(g) enviar o proporcionar enlaces a publicaciones que contengan material que acose, victimice, degrade o intimide a una persona o grupo de personas por motivos de religión, raza, etnia, orientación sexual, género, edad o discapacidad;
(h) registrarse en más de una Cuenta o registrarse en una Cuenta en nombre de otra persona que no sea usted mismo, incluyendo cualquier empleado o representante de nuestra empresa;
(i) reclutar o solicitar de cualquier otra forma a cualquier Anfitrión u otro Usuario que se una a servicios o sitios web de terceros que compitan con Universe, sin la previa autorización por escrito de Universe;
(j) suplantar a cualquier persona o entidad, o falsificar o tergiversar su identidad o su afiliación con cualquier persona o entidad;
(k) utilizar scripts automatizados para recopilar información o interactuar de cualquier otra forma con los Servicios de Universe;
(l) utilizar los Servicios de Universe para encontrar un Anfitrión o Comprador y luego completar la transacción independientemente de los Servicios de Universe con el fin de eludir la obligación de pagar cualquier tarifa relacionada con la provisión del Anuncio por parte de Universe;
(m) como Anfitrión, enviar cualquier Anuncio con información falsa o engañosa sobre el precio, o enviar cualquier Anuncio con un precio, servicio o actividad que no tenga intención de cumplir;
(n) utilizar, mostrar, duplicar o enmarcar los Servicios de Universe, o cualquier elemento individual dentro de los Servicios de Universe, el nombre de Universe, cualquier marca comercial, logotipo u otra información de propiedad exclusiva de Universe, o el diseño y la maquetación de cualquier página o formulario contenido en una página, sin el consentimiento expreso por escrito de Universe;
(o) acceder, manipular o utilizar áreas no públicas de los Servicios de Universe, los sistemas informáticos de Universe o los sistemas técnicos de entrega de los proveedores de Universe;
(p) intentar sondear, escanear o probar la vulnerabilidad de cualquier sistema o red de Universe o violar cualquier medida de seguridad o autenticación;
(q) evitar, eludir, eliminar, desactivar, deteriorar, descifrar o burlar de cualquier otra forma cualquier medida tecnológica implementada por Universe o cualquiera de los proveedores de Universe o cualquier otro tercero (incluido otro Usuario) para proteger los Servicios de Universe o cualquier contenido de los mismos;
(r) intentar descifrar, descompilar, desensamblar o aplicar ingeniería inversa a cualquier software utilizado para proporcionar los Servicios de Universe;
(s) reproducir o escanear Entradas en un formato o medio diferente al proporcionado por el Sitio web;
(t) utilizar cualquier software o sistema informático automatizado para buscar, reservar, comprar u obtener de cualquier otra forma Entradas, códigos de descuento, códigos promocionales, vales, tarjetas de regalo o cualquier otro artículo disponible en el Sitio web, incluido el envío de información desde su computadora a otra computadora en la que dicho software o sistema esté activo; y/o
(u) defender, alentar o ayudar a terceros a realizar cualquiera de las acciones anteriores.
21.2 Acciones legales: Universe se reserva el derecho de investigar y emprender las acciones legales oportunas contra cualquier uso ilegal y/o no autorizado de los Servicios de Universe. Universe podrá involucrar y cooperar con las autoridades locales encargadas de hacer cumplir la ley en el enjuiciamiento de los Usuarios que incumplan estos Términos y Condiciones, incluyendo, sin limitación, acciones civiles, penales y medidas cautelares. Usted acepta que los daños monetarios pueden no proporcionar a Universe una reparación suficiente y que Universe puede solicitar medidas cautelares u otras medidas por su incumplimiento de estos Términos. Si Universe determina que usted ha infringido estos Términos o cualquier ley local o nacional, o por cualquier otra razón o sin razón alguna, Universe puede cancelar su Cuenta, eliminar todo su contenido de usuario e impedirle el acceso al Sitio web en cualquier momento sin previo aviso. Si eso ocurre, ya no podrá utilizar los Servicios de Universe ni el Sitio web. Seguirás estando sujeto a las obligaciones que te imponen estos Términos. Aceptas que Universe no será responsable ante ti ni ante ningún tercero por la cancelación de tu acceso al Sitio web o a tu cuenta o a cualquier información relacionada, y que Universe no estará obligado a poner a tu disposición el Sitio web, tu cuenta o cualquier información relacionada.
22. GARANTÍAS E INDEMNIZACIONES
22.1 Información veraz: Usted declara y garantiza que la información que envía a Universe para su Cuenta y en su uso de los Servicios de Universe es veraz, precisa y completa, y que no utilizará información falsa, incluyendo nombre y dirección de correo electrónico, al utilizar los Servicios de Universe.
22.2 Cumplimiento legal: Usted declara y garantiza que, al utilizar los Servicios de Universe, cumplirá con todas las leyes, reglamentos, códigos de prácticas locales, regionales, nacionales e internacionales aplicables, así como con los presentes Términos y condiciones. Además, garantiza que tiene 18 años o más y que puede celebrar contratos legalmente vinculantes.
22.3 Indemnización fiscal: Usted acepta que Universe no es en modo alguno responsable de la exactitud o idoneidad de cualquier pago de impuestos a cualquier entidad en su nombre (ya sea el Comprador y/o el Organizador). Si al utilizar los Servicios de Universe usted opera como empresa, por la presente indemniza y exime a Universe de toda responsabilidad, costos, intereses y gastos (incluidos los honorarios legales razonables) en los que incurra Universe y que se deriven de cualquier reclamación de terceros o del gobierno que implique, que se relacione o se refiera a cualquier obligación fiscal local, regional, nacional o internacional, o a cantidades adeudadas o pagaderas en virtud de cualquier normativa, orden, ley o decreto fiscal, o cualquier disputa relativa a la situación fiscal de Universe.
22.4 Indemnización general: Usted acepta indemnizar y eximir de responsabilidad a Universe y a sus empresas matrices y afiliadas, proveedores, anunciantes y patrocinadores, así como a cada uno de sus directivos, directores, empleados, agentes, representantes legales y subcontratistas (las “Partes indemnizadas”) frente a cualquier reclamación o demanda y todas las responsabilidades, costos y gastos (incluidos los honorarios y costos legales razonables) en que incurra una Parte indemnizada como resultado de o en relación con su uso del Sitio web, el incumplimiento de estos Términos y Condiciones (incluido cualquier uso indebido de los Servicios de Universe) y/o su violación de cualquier ley o los derechos de un tercero. Nos reservamos el derecho de asumir el control y la defensa exclusivos de cualquier reclamación, y usted cooperará plenamente con nosotros en la defensa de cualquier reclamación.
23. RESPONSABILIDAD
23.1 Exención de responsabilidad de Universe: Debido a la naturaleza del negocio de Universe y al hecho de que Universe no puede controlar los actos u omisiones de los Usuarios, Universe no ofrece ninguna garantía y, específicamente, rechaza toda responsabilidad en relación con los bienes o servicios proporcionados por los Anfitriones.
23.2 Asistencia a Eventos: Bajo ninguna circunstancia Universe será responsable de la muerte o lesiones personales sufridas por usted o sus invitados como consecuencia de la asistencia a un Evento, a menos que sean causadas directamente por negligencia de Universe. Universe tampoco será responsable de ninguna pérdida o daño sufrido por sus bienes o pertenencias o los de sus invitados que asistan a un Evento.
23.3 Responsabilidad de Universe: Usted acepta que no tiene derecho a reclamar a Universe por las acciones, ya sean negligentes o intencionadas, de cualquier otro Usuario de los Servicios de Universe (ya sean Compradores u Organizadores), y en relación con cualquier Anuncio, Evento o Transacción, salvo en los casos en que Universe sea culpable. Si surge una disputa entre un Comprador y un Organizador, usted exime a Universe (y a sus filiales, empresas matrices, subsidiarias y sus respectivos funcionarios, directores, empleados, agentes, representantes legales y subcontratistas) de todas las reclamaciones, demandas y daños (reales y consecuentes) de cualquier tipo y naturaleza, conocidos y desconocidos, revelados y no revelados, que surjan de o estén relacionados de alguna manera con dicha disputa.
23.4 Exclusión de responsabilidad: En la medida en que lo permita la legislación local, nacional o internacional, Universe (y sus filiales, empresas matrices, subsidiarias y sus respectivos funcionarios, directores, empleados, agentes, representantes legales y subcontratistas) no será responsable ante usted, por contrato o por responsabilidad civil (incluida la negligencia), de ninguna pérdida indirecta, consecuente o comercial, como la pérdida de datos, beneficios, ingresos, fondo de comercio, reputación, pérdida de disfrute u oportunidad, ni por daños ejemplares, especiales o punitivos que no sean razonablemente previsibles, que se deriven directa o indirectamente de su acceso y uso o imposibilidad de usar los Servicios de Universe. Nada de lo dispuesto en estos Términos y Condiciones limitará o excluirá la responsabilidad de Universe por fraude o tergiversación fraudulenta, o por muerte o lesiones personales que se deriven de la negligencia de Universe, ni cualquier otra responsabilidad que no pueda ser limitada o excluida por la legislación local, nacional o internacional. Nada de lo dispuesto en estos Términos y Condiciones afectará a los derechos o recursos del Usuario en relación con cualquier ley de protección al consumidor aplicable.
23.5 Límite de responsabilidad: Sin perjuicio de las demás disposiciones de la presente sección 23, si se determina que Universe es responsable, la responsabilidad de Universe frente a usted (excepto la responsabilidad que no pueda limitarse o excluirse en virtud de la legislación local, nacional o internacional aplicable) se limitará en total al valor de la transacción en relación con la transacción que dé lugar a dicha responsabilidad.
23.6 Fuerza mayor: Universe no será responsable ante usted por el incumplimiento de cualquiera de sus obligaciones de conformidad con estos Términos y Condiciones en la medida en que dicho incumplimiento se deba a causas de fuerza mayor.
24. RESOLUCIÓN DE CONTROVERSIAS
24.1 Si surge alguna controversia en relación con estos Términos y Condiciones o con cualquier Transacción realizada de conformidad con estos Términos y Condiciones, debe ponerse en contacto con el Servicio de Atención al Cliente, que intentará resolver el asunto lo antes posible. Universe acusará recibo de su queja lo antes posible.
24.2 Universe hará todo lo posible por consultar o negociar de buena fe e intentar llegar a un acuerdo justo y equitativo que sea satisfactorio tanto para usted como para Universe.
24.3 En el improbable caso de que no podamos resolver su queja mediante negociación en un plazo de 28 días, podremos intentar resolver el asunto mediante mediación. Para iniciar una mediación, una de las partes deberá notificarlo por escrito a la otra parte en la disputa solicitando una mediación. La mediación se llevará a cabo de acuerdo con el procedimiento de cualquier organismo local de autorregulación de venta de boletos o, si no lo hubiera, con el Código de prácticas y procedimiento de resolución de disputas de UK STAR vigente en la fecha de la remisión, que establece los procedimientos que deben adoptarse, el proceso de selección del mediador y los costos involucrados, y cuyos términos se consideran incorporados a estos Términos y Condiciones.
24.4 Lo anterior no limita sus derechos legales, su derecho a presentar una queja ante su autoridad local u otra autoridad reguladora local o nacional competente, ni su derecho a iniciar procedimientos judiciales u otras formas de resolución, como a través de la Plataforma de Resolución de Litigios en Línea de la Unión Europea, un portal a través del cual puede presentar una queja ante un proveedor de resolución alternativa de litigios registrado con el fin de resolver el litigio.
25. GENERAL
25.1 Impuestos aplicables: Como usuario de los Servicios de Universe, usted acepta que es el único responsable de determinar sus requisitos locales de declaración de impuestos en consulta con sus asesores fiscales. Universe no puede ofrecer ni ofrece asesoramiento fiscal a ningún usuario. Además, tenga en cuenta que cada Organizador es responsable de determinar los impuestos indirectos locales y de incluir en los Eventos cualquier impuesto aplicable que deba recaudarse o cualquier obligación relacionada con los impuestos aplicables. Usted también es responsable de pagar cualquier impuesto gubernamental local o nacional que se aplique a su compra o uso de los Servicios de Universe, incluidos, entre otros, los impuestos sobre las ventas, el uso o el valor agregado (o su equivalente local). En la medida en que Universe esté obligado a recaudar dichos impuestos, el impuesto aplicable se añadirá a su cuenta de facturación y Universe emitirá un recibo a petición del Organizador, tal y como exige la ley.
25.2 Renuncia: Si Universe retrasa o no aplica alguna de las disposiciones de estos Términos y condiciones, ello no significará que Universe haya renunciado al derecho a hacerlo.
25.3 Cesión: Universe tendrá derecho a ceder sus derechos y obligaciones en virtud de los presentes Términos y Condiciones, siempre que ello no afecte negativamente a sus derechos.
25.4 Divisibilidad: Si un tribunal determina que alguna disposición de estos Términos y Condiciones es inválida o no puede aplicarse por cualquier motivo, ello no impedirá que las demás disposiciones sigan teniendo plena vigencia y operatividad por separado.
25.5 Ilegalidad: Si alguna disposición de estos Términos y condiciones es o llega a ser ilegal, inválida o inaplicable según la legislación de cualquier jurisdicción, ello no afectará ni perjudicará la legalidad, validez o aplicabilidad en dicha jurisdicción de cualquier otra disposición de estos Términos y Condiciones.
25.6 No asociación/agencia: Nada de lo contenido en estos Términos y Condiciones ni ninguna acción realizada por usted o Universe de conformidad con estos Términos y condiciones creará, ni se considerará que crea, una asociación, empresa conjunta o establece una relación de principal y agente o cualquier otra relación entre usted y Universe más allá de la relación creada en el presente documento.
25.7 Notificaciones: Las notificaciones enviadas en virtud de los presentes Términos y Condiciones se entregarán en el momento de su recepción y se considerarán recibidas en el momento de la entrega (si se entregan en mano, por correo certificado o por mensajería) o en el momento de la transmisión (si se envían por correo electrónico y no se recibe ningún mensaje de error en respuesta).
25.8 Legislación aplicable y jurisdicción: Estos Términos y Condiciones se regirán e interpretarán en todos los aspectos de conformidad con la legislación del país en el que se celebre el Evento para el que usted está comprando Boletos, sin tener en cuenta sus disposiciones sobre conflicto de leyes, y las partes acuerdan someterse a la jurisdicción no exclusiva de los tribunales de dicho país.
A. Einführung und wichtige Begriffe
1. DIESE ALLGEMEINEN GESCHÄFTSBEDINGUNGEN
1.1 Soweit nicht nachstehend anders geregelt, kommt ein Vertrag zwischen Ihnen (“Nutzer”, “Sie”, “Ihr(e)”) und der Universe Experiences, Inc. (“Universe”), zustande, unabhängig davon, ob Sie die Dienste von Universe nutzen, um Tickets zu kaufen (“Käufer”) oder Tickets zu verkaufen (“Veranstalter”), es sei denn, Universe informiert Sie anderweitig. Wenn Sie Tickets zu einer Veranstaltung in einem der nachstehend aufgeführten Länder kaufen oder verkaufen, kommt ein Vertrag mit dem Unternehmen zustande, das nachstehend neben dem entsprechenden Land aufgeführt ist und "Universe" ist in diesen Fällen als dieses Unternehmen zu verstehen. Wir gehen davon aus, dass sich Ihr Wohnsitz (bzw. im Falle eines Unternehmens der jeweilige Sitz), in dem Land befindet, in dem die Veranstaltung stattfindet. Wenn Sie ein Veranstalter sind und sich Ihr Wohnsitz bzw. der Sitz des jeweiligen Unternehmens nicht in demselben Land befindet, in dem die Veranstaltung stattfindet, kontaktieren Sie bitte support@universe.com.
Land Unternehmen
Aland-Inseln Ticketmaster Suomi OY
Andorra Ticketmaster Spain S.A.U.
Austria Ticketmaster GmbH
Belgium N.V. Ticketmaster Belgium S.A.
Denmark Ticketmaster Danmark A/S
Finland Ticketmaster Suomi OY
France Ticketmaster SAS
Fürstentum Liechtenstein Ticketmaster Schweiz AG
Deutschland Ticketmaster GmbH
Mexico Venta de Boletos por Computadora, S.A. de C.V.
Netherlands Ticketmaster BV
Norway Billettservice AS
Svalbard und Jan Mayen Inseln Billettservice AS
Spain Ticketmaster Spain S.A.U.
Sweden Ticketmaster Sverige AB
Switzerland Ticketmaster Schweiz AG
1.2 Unabhängig davon, ob Sie ein Käufer oder Veranstalter sind, finden diese Allgemeinen Geschäftsbedingungen auf Ihren Zugang und Ihre Nutzung der Dienste von Universe Anwendung.
1.3 In diesen Allgemeinen Geschäftsbedingungen enthaltene wichtige Begriffe werden in Ziffer 19 definiert.
1.4 Bitte beachten Sie:
(a) Universe stellt eine Online-Plattform zum Tickethandel zur Verfügung;
(b) Universe ist nicht Vertragspartei eines zwischen Käufer und Veranstalter im Hinblick auf Verkauf und Erwerb von Tickets unter Verwendung der Dienste von Universe abgeschlossenen Vertrages.
(c) Universe ist nicht Eigentümer der Tickets oder legt den Kaufpreis fest;
(d) Universe führt keine regelmäßigen Prüfungen von den Inhalten beliebiger Listings oder der Eignung für einzelne Nutzer durch;
(e) Universe unterstützt keine Benutzer oder Listings, und behält sich das Recht vor, jederzeit aus beliebigem Grund Listings von der Website zu löschen, die Universe für unangemessen hält;
(f) Universe bestätigt weder die Identität noch die Eignung der Benutzer; Interaktion und Kontakt der Benutzer erfolgt auf eigenes Risiko;
Aus diesen Gründen ist Universe nicht für die Listings, die Veranstaltung oder gekaufte Tickets verantwortlich. Für die Zustellung der Tickets ist der Veranstalter verantwortlich. Universe ist nicht in der Lage zu garantieren, dass Veranstalter Transaktionen in jedem einzelnen Fall abschließen.
1.5 Rechtlich bindender Vertrag: Diese Allgemeinen Geschäftsbedingungen sind ein rechtlich bindender Vertrag, und Sie sollten diese, zusammen mit den Universe-Nutzungsbedingungen, der Datenschutzerklärung und der Cookie-Richtlinie aufmerksam lesen, bevor Sie die Dienste von Universe nutzen. Durch die Nutzung der Dienste von Universe bestätigen Sie, dass Sie die diese Allgemeinen Geschäftsbedingungen gelesen und verstanden haben und daran gebunden sind. Sollten Sie nicht mit den Bestimmungen dieser Allgemeinen Geschäftsbedingungen einverstanden sein oder sich nicht an diese halten können, dürfen Sie die Dienste von Universe nicht in Anspruch nehmen.
1.6 Änderungen dieser Allgemeinen Geschäftsbedingungen: Wir können diese Allgemeinen Geschäftsbedingungen jederzeit ändern. Wenn wir solche Änderungen vornehmen, werden wir die aktualisierte Fassung der Allgemeinen Geschäftsbedingungen auf der Website veröffentlichen. Wir empfehlen daher, dass Sie die Allgemeinen Geschäftsbedingungen regelmäßig prüfen, um hinsichtlich der aktuellsten Fassung informiert zu bleiben. Für alle Käufe ist jeweils die Fassung der Allgemeinen Geschäftsbedingungen anwendbar, die zum Zeitpunkt des betreffenden Kaufs veröffentlich war. Durch Ihre weitere Nutzung der Dienste von Universe stimmen Sie den neuen Allgemeinen Geschäftsbedingungen zu. Wenn Sie mit den Allgemeinen Geschäftsbedingungen oder einer etwaigen Überarbeitung nicht einverstanden sind, sind Sie verpflichtet die Nutzung der Dienste von Universe umgehend einzustellen, was die Löschung etwaiger vorgenommener Listings einschließt.
1.7 Kontaktaufnahme mit Universe: Wenden Sie sich bei Fragen oder wenn Sie in Bezug auf diese Allgemeinen Geschäftsbedingungen weitergehende Informationen möchten, an support@universe.com. Sie können auch einen Blick in die häufig gestellten Fragen zu Universe werfen. Bitte beachten Sie, dass Fragen bzw. Anfragen zu Absagen, Verlegungen oder Rückerstattungen in Bezug auf eine Veranstaltung über die im Listing angegebenen Kontaktdaten an den Veranstalter gerichtet werden müssen.
1.8 Kontaktaufnahme mit Ihnen: Falls wir mit Ihnen in Kontakt treten müssen, nutzen wir die Telefonnummer oder E-Mail-Adresse, die Sie in Ihrem Kundenkonto angegeben haben.
1.9 Ihr Wohnort und die damit verbundenen Änderungen dieser Allgemeinen Geschäftsbedingungen: Für den Fall, dass lokale, nationale oder internationale Gesetze, Vorschriften nicht mit Bestimmungen dieser Allgemeinen Geschäftsbedingungen vereinbar sind oder zur Folge haben, dass eine Bestimmung ungültig, rechtswidrig oder undurchsetzbar wird, sollen die Bestimmungen dieser Allgemeinen Geschäftsbedingungen der Anwendung dieser Gesetze oder Vorschriften nicht entgegen stehen. Etwaige Schutzvorschriften, Rechte oder Rechtsbehelfe, die in Ihrem Wohnsitzland gelten, werden weiterhin und vorrangig gegenüber den Bestimmungen dieser Allgemeinen Geschäftsbedingungen angewandt. Mit diesen Allgemeinen Geschäftsbedingungen wird in keiner Weise die Absicht verfolgt, Ihnen gesetzlichen Schutz, Rechte oder Rechtsbehelfe zu entziehen.
B. Registrierung, Ihr Kundenkonto und Benutzerinhalte
2. REGISTRIERUNG
2.1 Registrierung: Um unter Verwendung der Dienste von Universe ein Listing für den Verkauf von Tickets zu erstellen oder Tickets zu kaufen, müssen Sie:
(a) mindestens 18 Jahre alt sein oder in Ihrem Wohnsitzland das Alter der gesetzlichen Volljährigkeit erreicht haben und in der Lage sein, rechtsverbindliche Verträge abzuschließen; und
(b) ein passwortgeschütztes Kundenkonto einrichten, unter dem Sie Ihren richtigen vollständigen Namen (oder Firma bei einem Unternehmen) und Ihre E-Mailadresse (alle Angaben müssen jederzeit aktuell sein) angeben; weitere Einzelheiten können zu einem späteren Zeitpunkt hinzugefügt werden. Sie dürfen sich bei der Wahl des Ihrem Kundenkonto zugeordneten Benutzernamens nicht als eine andere Person ausgeben. Der Benutzername darf nicht beleidigend, vulgär oder anstößig sein.
2.2 Ihnen steht für die Registrierung auch die Möglichkeit offen, sich über eine Social-Media-Website eines Dritten anzumelden. Beachten Sie dabei Folgendes: Wenn Sie unter Verwendung einer Social-Media-Website eines Dritten eine Verbindung zur Website und den Diensten von Universe herstellen, erteilen Sie Universe die Erlaubnis (i) auf die bei diesem Dritten hinterlegten Informationen nach Maßgabe der Regelungen dieses Dienstes zuzugreifen und die Informationen zu nutzen und (ii) Ihre Zugangsberechtigung zu der besagten Social-Media-Website des Dritten zu speichern.
2.3 Wenn Sie als Händler Tickets verkaufen (d.h. gewerblich, geschäftlich, handwerklich oder freiberuflich handeln), müssen Sie potentiellen Käufern vor dem Ticketkauf eine geografische Adresse, Telefonnummer und E-Mail-Adresse zur Verfügung stellen. Wenn dies auf Sie zutrifft, müssen Sie sich bei uns als gewerblicher Veranstalter registrieren, damit diese Angaben in das Listing aufgenommen werden können.
3. IHR KUNDENKONTO
3.1 Passwort: Sie sind allein für die Sicherheit Ihres Passworts und aller Aktivitäten, die über Ihr Kundenkonto erfolgen verantwortlich. Außer Ihnen sollte niemand Ihr Kundenkonto nutzen. Sie dürfen den Zugriff auf Ihr Kundenkonto weder übertragen noch verkaufen. Wir haften nicht für Schäden, die sich aus der Offenlegung Ihres Benutzernamens oder Passworts oder der Verwendung Ihres Benutzernamens oder Passworts durch Dritte ergeben. Sie dürfen das Benutzerkonto eines anderen Nutzers nicht ohne dessen Erlaubnis verwenden. Sie müssen uns unverzüglich schriftlich benachrichtigen, wenn Sie eine unbefugte Nutzung Ihres Kundenkontos oder einen anderen Sicherheitsvorfall im Zusammenhang mit Ihrem Kundenkonto feststellen. Wir sind berechtigt, von Ihnen die Änderung Ihres Benutzernamens und/oder Passworts zu verlangen, wenn wir der Meinung sind, dass Ihr Kundenkonto nicht mehr sicher ist oder wenn wir eine Beschwerde erhalten, dass Ihr Benutzername die Rechte eines Dritten verletzt. Sie sind nicht Eigentümer Ihres Kundenkontos oder Benutzernamens. Wir sind berechtigt, aus einem beliebigen Grund die Registrierung zu verweigern, ein Kundenkonto zu kündigen bzw. zu löschen oder den Zugriff auf unsere Website zu verweigern.
3.2 Unternehmen: Falls Sie diesen Allgemeinen Geschäftsbedingungen im Namen eines Unternehmens oder einer sonstigen juristischen Person zustimmen, sichern Sie hiermit zu, dass Sie befugt sind, dieses Unternehmen oder die betreffende juristische Person rechtlich zu binden (in diesem Fall bezieht sich „Sie“ auf das betreffende Unternehmen oder die betreffende juristische Person).
3.3 Finanzielle Überprüfungen: Sie gestatten Universe und/oder einem beauftragten Dritten finanzielle Überprüfungen vorzunehmen, um Ihren Finanzstatus zu prüfen (dies umfasst keine Bonitätsprüfung, jedoch eine Betrugsüberwachung), und Sie erklären sich damit einverstanden, dass Universe Ihre Kundenkonto- und Zahlungskartendaten an einen solchen beauftragten Dritten weitergeben darf.
3.4 Datenschutzerklärung: Weitere Einzelheiten darüber, wie wir die Daten Ihres Universe-Kundenkontos nutzen und schützen, finden Sie in der Universe-Datenschutzerklärung und in der Cookie-Richtlinie.
3.5 Internationale Nutzung: Mit Ihrem Kundenkonto können Sie auf die Dienste von Universe auf der Website zugreifen und die von Universe betriebenen internationalen Plattformen nutzen. Sie können Tickets für Veranstaltungen kaufen, die in verschiedenen Ländern stattfinden. Beachten Sie jedoch, dass der Kauf und Verkauf von Tickets für Veranstaltungen in Ländern außerhalb der Europäischen Union anderen oder ergänzten Bedingungen (Details siehe Abschnitt F), andere Gesetzen, Vorschriften, Bestimmungen, Verordnungen und einer anderen Datenschutzerklärung unterliegen können.
4. BENUTZERINHALTE
4.1 Benutzerinhalte: Wir können Benutzern nach unserem alleinigen Ermessen gestatten, Profildaten, Kommentare, Fragen, Feedback, Bilder und sonstige Inhalte oder Informationen („Benutzerinhalte“) zu posten, hochzuladen, zu veröffentlichen, übermitteln oder zu senden. Benutzerinhalte sind sämtliche gepostete, übertragene oder anderweitig von den Benutzern der Dienste von Universe im Zusammenhang mit der Erstellung bzw. Buchung von Listings zugänglich gemachten Informationen.
4.2 Gewährleistungen im Zusammenhang mit Benutzerinhalten: In Bezug auf Ihre Benutzerinhalte gewährleisten und sichern Sie zu, dass
(a) Sie über die schriftliche Einverständniserklärung jeder einzelnen bestimmbaren natürlichen Person, die in den Benutzerinhalten vorkommt, verfügen, die Namen oder Abbildungen dieser Person in einer von den Diensten von Universe und in diesen Allgemeinen Geschäftsbedingungen vorgeschriebenen Weise zu verwenden, und dass diese Person Sie in Zusammenhang mit einer solchen Verwendung von jeglicher Haftung freigestellt hat,
(b) Sie bezüglich der Bilder in Ihren Benutzerinhalten über die schriftliche Einverständniserklärung des Fotografen oder sonstigen Rechteinhabers dieser Bilder verfügen auf eine von den Universe Diensten und diesen Allgemeinen Geschäftsbedingungen vorgeschriebene Weise zu verwenden,
(c) die Nutzung Ihrer Benutzerinhalte durch Universe nach Maßgabe dieser Allgemeinen Geschäftsbedingungen und der Dienste von Universe nicht gegen Gesetze verstößt oder Rechte Dritter verletzt, einschließlich, aber nicht beschränkt auf Rechte an geistigem Eigentum und Persönlichkeitsrechte,
(d) Sie keine rechtswidrigen, schädigenden, bedrohlichen, beleidigenden, belästigenden, diffamierenden, vulgären, obszönen, verleumderischen, in die Privatsphäre einer anderen Person eingreifenden, hasserfüllten oder rassischen, ethnisch oder anderweitig verwerflichen Benutzerinhalte veröffentlichen,
(e) es Universe gestattet ist, die gemäß diesen Allgemeinen Geschäftsbedingungen gewährten Rechte an Ihren Benutzerinhalten auszuüben, ohne für die Zahlung von Gebühren oder Lizenzen zu haften, die nach einem Tarifvertrag oder anderweitig zahlbar sind, und dass
(f) sämtliche Ihrer Benutzerinhalte und sonstige uns zur Verfügung gestellten Informationen nach bestem Wissen und Gewissen wahr und richtig sind.
4.3 Gewährung einer Lizenz zur Verwendung von Benutzerinhalten: Durch Posten von Benutzerinhalten über die Dienste von Universe oder das Zurverfügungstellen von Benutzerinhalten, damit diese Universe oder ein mit Universe verbundenes Unternehmen in Ihrem Auftrag postet, erteilen Sie Universe und den mit ihr verbundenen Unternehmen ausdrücklich eine lizenzgebührenfreie, unterlizenzierbare, übertragbare, unbefristete, unwiderrufliche, nicht ausschließliche, weltweite Lizenz und sichern zu, über jegliche Rechte, Befugnisse und Vollmachten zu verfügen, eine solche Lizenz zu erteilen. Diese Lizenz bezieht sich auf das Verwenden, Vervielfältigen, Ändern, Veröffentlichen, Bearbeiten, Übersetzen, Vertreiben, Syndizieren, öffentlich Darstellen und Aufführen, Erstellen abgeleiteter Werke und das Aufführen von Informationen in Bezug auf sämtliche gepostete Benutzerinhalte und Ihren Namen, Ihre Stimme und/oder Ihr Abbild sowie Namen, Stimme und/oder Abbild eines beliebigen Dritten, soweit Dritte in Ihren Benutzerinhalten vorkommen und zwar entweder ganz oder in Teilen, in einer beliebigen Form, über beliebige, bereits bekannte oder später entwickelte Medien oder Technologien zwecks Verwendung im Zusammenhang mit den Diensten von Universe und den Geschäftstätigkeiten von Universe (und dessen Rechtsnachfolgern und verbundenen Unternehmen) einschließlich und ohne Einschränkung zu Werbezwecken und Weitervertrieb einiger oder aller Dienste von Universe (und davon abgeleiteter Werke) in beliebigen Medienformaten und Medienkanäle. Des Weiteren gewähren Sie hiermit jedem Benutzer der Dienste von Universe eine nicht ausschließliche Lizenz, über die Dienste von Universe auf Ihre Benutzerinhalte zuzugreifen und diese Benutzerinhalte nach Maßgabe der Funktionen der Dienste von Universe und diesen Allgemeinen Geschäftsbedingungen zu nutzen, zu vervielfältigen, zu verbreiten, darzustellen und aufzuführen.
4.4 Universe und Benutzerinhalte: Universe übernimmt keine Verantwortung und keine Haftung für beliebige Benutzerinhalte, die Sie oder ein beliebiger anderer Benutzer oder Dritter unter Verwendung der Dienste von Universe posten oder senden. Sie tragen die alleinige Verantwortung für Ihre Benutzerinhalte und die Folgen, die sich durch das Posten bzw. Veröffentlichen dieser Benutzerinhalte ergeben, und Sie erklären sich damit einverstanden, dass wir lediglich als passiver Kanal für die Online-Verteilung und Veröffentlichung Ihrer Benutzerinhalte fungieren. Sie erkennen an und stimmen zum, dass Sie Benutzerinhalten ausgesetzt sein können, die fehlerhaft, anstößig, für Kinder unangemessen oder anderweitig für Ihren Zweck ungeeignet sind und Sie erklären sich damit einverstanden, dass Universe nicht für beliebige fSchäden haftet, die Ihnen aufgrund von Benutzerinhalten entstehen (oder angeblich entstehen).
C. Geschäftsbedingungen - Listing und Ticketverkauf
5. LISTING ERSTELLEN
5.1 Verantwortlichkeit des Veranstalters für die Listings: Indem Veranstalter unter Verwendung der Dienste von Universe ein Listing erstellen, unterbreiten sie das Angebot, gegebenenfalls ein oder mehrere Tickets zum Verkaufspreis an Käufer zu verkaufen bzw. zu vertreiben, damit die Käufer an einer Veranstaltung teilnehmen können. Dem Veranstalter obliegt es, Käufer über etwaige Veranstaltungs- oder Ticketbeschränkungen aufzuklären, und der Veranstalter trägt die alleinige Verantwortung für sämtliche von ihm auf der Website erstellte Listings. Änderungen in Bezug auf Listings, Veranstaltungen und Tickets müssen Benutzern und Käufern so schnell wie möglich klar und verständlich mitgeteilt werden.
5.2 Listings als rechtlich bindende Erklärung: Ein Listing ist eine vom Veranstalter in Bezug auf Einzelheiten zu einem Ticket und einer Veranstaltung und deren Richtigkeit abgegebene, rechtlich bindende Erklärung.
5.3 Kontaktinformationen des Veranstalters: Jeder als gewerblicher Veranstalter registrierter Veranstalter (siehe Ziffer 2.3 oben) ist verpflichtet, den Käufern vor Ticketkauf eine geografische Adresse, eine Telefonnummer und eine E-Mail-Adresse zur Verfügung zu stellen. Diese Angaben müssen entsprechend im Listing enthalten sein.
5.4 Angaben zur Servicegebühr: Der Veranstalter bestimmt, ob die Servicegebühr vom Veranstalter oder vom Käufer (in Form der Weitergabe des Veranstalters an den Käufer) zu zahlen ist.
5.5 Listingbeschreibung: Der Veranstalter gibt im Listing sämtliche Informationen zur Veranstaltung an, zum Beispiel:
(a) den Ort der Veranstaltung,
(b) den Namen der Veranstaltung und der Künstler/Darsteller (sofern relevant),
(c) das Datum der Veranstaltung;
(d) den Namen und die Adresse des Veranstaltungsortes,
(e) die Art des Tickets (z.B. Sitz- oder Stehplatz, Einlasszeit usw.),
(f) den Kaufpreis jedes einzelnen Tickets,
(g) den Saalplan der Veranstaltung;
(h) die Information, ob die Servicegebühr im Kaufpreis enthalten ist oder nicht,
(i) Universe Auftragsgebühr (sofern anwendbar);
(j) die Bestätigung, dass anfallende Steuern im Transaktionswert enthalten sind und Information, ob ein Teil des Verkaufspreises einem bestimmten Zweck oder einer Wohltätigkeitsorganisation gespendet wird (falls ja, sind entsprechende Einzelheiten anzugeben),
(k) Erstattungsrichtlinie, sofern vorhanden;
(l) jegliche zusätzlichen Informationen, Sonderregelungen oder Anforderungen, die für die Veranstaltung und/oder die Tickets gelten (z.B. Altersbeschränkungen, Zugangseinschränkungen, eingeschränkte Sicht, Familienbereiche, Einschränkungen zum Alkoholkonsum usw.),
(m) Informationen dazu, wie und wann der Käufer darüber benachrichtigt wird, ob der Veranstalter der Transaktion zugestimmt hat oder nicht (siehe Ziffern 6.2 und 14.5 unten),
(n) Angaben zum Käufer, die der Veranstalter während des Transaktionsprozesses erfasst, und Angaben zur Verarbeitung solcher Daten einschließlich beliebiger zu erfassender Benutzerdaten von Käufern sowie
(o) jegliche sonstige wichtige Informationen zur Veranstaltung und/oder zu Tickets, von denen angemessenerweise erwartet werden kann, dass sie Einfluss auf die Entscheidung eines Käufers nehmen, ein Ticket zu erwerben oder zu beantragen oder davon abzusehen, was nach dem Gesetz geforderte Informationen einschließt
5.6 Einhaltung von Gesetzen und Vorschriften: Bei der Erstellung eines Listings hat der Veranstalter sämtliche geltenden lokalen, nationalen und internationalen Gesetze und Vorschriften und die Bestimmungen dieser Allgemeinen Geschäftsbedingungen einzuhalten. Universe übernimmt keine Verantwortung dafür, ob ein Veranstalter die anwendbaren Gesetze, Vorschriften oder Bestimmungen einhält.
5.7 Gewährleistungen des Veranstalters: Der Veranstalter gewährleistet und sichert gegenüber und zugunsten von Universe zu, dass von ihm erstellte Listings
(a) sich ausschließlich auf Tickets und Veranstaltungen beziehen, die entweder direkt oder indirekt in den Einflussbereich des Veranstalters fallen, und nur Veranstaltungen betreffen, für die der Veranstalter die Erlaubnis hat, Tickets zu verkaufen oder zu vertreiben,
(b) genaue und transparente Ticketpreise und Informationen zu allen zusätzlichen Gebühren, die den Käufern entstehen, enthalten,
(c) bei Buchung eingehalten werden, sofern nichts anderes mit dem Käufer vereinbart wurde,
(d) einen Saalplan (soweit verfügbar) enthalten, der den Veranstaltungsort genau und zutreffend wiedergibt,
(e) keine Rechte (einschließlich Rechte an geistigem Eigentum) Dritter verletzen,
(f) nicht vom Veranstalter in der Eigenschaft eines Wiederverkäufers, als Vermietungs- oder Vertriebsagentur für einen Dritten vorgenommen werden,
(g) nicht dieselben oder im Wesentlichen dieselben Angaben wie beliebige andere Listings auf der Website enthalten und nicht auf einer beliebigen anderen Website veröffentlicht werden,
(h) keinerlei betrügerische, ungenaue oder irreführende Informationen enthalten.
Beachten Sie, dass: der Verkauf von gestohlenem oder gefälschtem Eigentum eine Straftat ist und dass Universe den zuständigen lokalen Behörden einen solchen Umstand melden und es jedem der nachweislich gestohlenes oder gefälschtes Eigentum verkauft hat, dauerhaft untersagen wird, die Dienste von Universe zu nutzen.
(i) weder diffamierend, noch beleidigend, bedrohlich oder obszön sind,
(j) weder unethisch sind, noch jemanden aufgrund von Alter, Geschlecht, Rasse, Familienstand, Nationalität, kultureller, religiöser oder persönlicher Ansichten, Behinderung, sexueller Orientierung, politischer Meinung oder aus einem anderen Grund diskriminieren,
(k) nicht dazu gedacht sind, beliebige Benutzer dazu zu bewegen, dritte Dienstanbieter, die mit den Diensten von Universe im Wettbewerb stehen, zu nutzen,
(l) nicht gegen lokale, nationale oder internationale Gesetze oder Vorschriften verstoßen, einschließlich jener, die für Spenden an Wohltätigkeitsorganisationen maßgeblich sind,
(m) keine Viren oder sonstige Programme enthalten, die Computersysteme oder Daten beeinträchtigen oder dies beabsichtigen,
(n) nicht dahingehend ausgelegt werden können, mit Terrororganisationen in Verbindung zu stehen, und
(o) keine politischen Kampagnen, kommerzielle Werbung, Kettenbriefe, Massensendungen und Spam enthalten.
5.8 Anwendbare Steuern: Der Veranstalter trägt dafür Sorge, dass der Verkaufspreis sämtliche für Listings erforderliche Steuern einschließlich Mehrwertsteuer (MwSt.) und einschlägiger lokaler Steuern enthält. Bei Unklarheiten hat sich der Veranstalter von einem Steuerexperten dahingehend beraten zu lassen, welche Steuern vom Käufer einzuziehen sind. USt.-registrierte Veranstalter sollten support@universe.com kontaktieren.
5.9 Versicherung: Der Veranstalter trägt die alleinige Verantwortung, Versicherungen abzuschließen, die im Zusammenhang mit dem Listing und der Veranstaltung erforderlich sind.
5.10 Veranstaltungsabsage, - oder -änderung: Sollte eine Veranstaltung abgesagt, auf einen anderen Termin verschoben oder auf eine beliebige Weise geändert werden, hat sich der Veranstalter damit zu befassen und den entsprechenden Umstand den Käufern klar und deutlich mitzuteilen. Der Veranstalter muss das Listing entsprechend aktualisieren oder löschen. Kommt er dieser Pflicht nicht nach, behalten wir uns das Recht vor, das Listing aus den Diensten von Universe zu löschen.
5.11 Keine Garantie seitens Universe: Universe übernimmt keine Garantie dafür, dass die über die Dienste von Universe erstellten Listings in einem bestimmten Zeitrahmen nach Einstellung durch den Veranstalter veröffentlicht werden und aktiv sind, dass ein Listing in einer bestimmten Reihenfolge in den Suchergebnissen erscheint, oder dass sich Tickets verkaufen lassen. Sollte sich ein Ticket nicht verkaufen lassen, übernimmt Universe dafür keine Haftung.
6. TICKETVERKAUF
6.1 Einstellungen für die Zahlungsabwicklung: Es gibt zwei Methoden für die Zahlungsabwicklung, Universe Payments und Stripe Payments. Veranstalter können sich beim Erstellen eines Listings für eine der beiden Methoden entscheiden. Weitere Einzelheiten finden Sie unter Zahlungsverarbeitungs-Einstellungen. Die vom Veranstalter gewählte Methode für die Zahlungsabwicklung kann jederzeit geändert werden. Allerdings werden Gelder von bestehenden Ticketverkäufen weiterhin nach der beim Zeitpunkt des Verkaufs eingestellten Methode für die Zahlungsabwicklung ausbezahlt.
6.2 Genehmigungseinstellungen: Veranstalter können ein Listing so konfigurieren, dass für den Abschluss einer Transaktion mit einem Käufer die Genehmigung des Veranstalters erforderlich ist. Bei solchen Listings ist der Zeitraum anzugeben, in der der Veranstalter die Transaktion genehmigt oder ablehnt. Sollte der Veranstalter die Transaktion innerhalb der festgelegten Frist weder bestätigen noch ablehnen, wird sie automatisch storniert.
6.3 Kaufvertrag und Auftragsbestätigung: Wenn ein Käufer den Verkaufsprozess abschließt, indem er seine Zahlungsdaten eingibt und bei zahlungspflichtigen Veranstaltungen auf “Jetzt zahlen” oder bei kostenlosen Veranstaltungen auf “Anmelden” klickt, sind die Parteien nach erteilter Genehmigung des Veranstalters, soweit diese erforderlich ist, vertraglich zum Abschluss der Transaktion verpflichtet.
6.4 Fehlgeschlagene Zustellung: Auftragsbestätigungen werden automatisch erstellt und an den Käufer gesendet, nachdem der Käufer den Zahlungsvorgang abgeschlossen hat. Erhält der Veranstalter vom Käufer eine Mitteilung über eine fehlgeschlagene Zustellung, so hat sich der Veranstalter so schnell wie möglich und in jedem Fall vor dem Datum der Veranstaltung darum zu kümmern.
6.5 Angefochtene Veranstaltungen: Sollte ein Käufer einen beliebigen Bestandteil einer Veranstaltung oder eines Transaktionswerts anfechten, so regeln der Käufer und Veranstalter die Angelegenheit ohne Einmischung von Universe unter sich.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Bei Universe Payments handelt es sich um die Standardzahlungsoption, die Veranstaltern zur Verfügung steht und die keiner Einrichtung durch den Veranstalter bedarf.
7.2 Zahlung an Veranstalter: Unter der Voraussetzung, dass die Veranstaltung stattgefunden hat und sich im Zusammenhang mit der Transaktion keine Streitigkeit ergeben hat, und gemäß den anwendbaren Geschäftsbedingungen keine Rückerstattungen an die Käufer fällig sind, zahlt Universe dem Veranstalter etwa 48 Stunden nach dem Ende der Veranstaltung die für die Transaktion geschuldeten Erlöse mittels der vom Veranstalter gewählten Zahlungsmethode.
7.3 Zahlungsdaten: Veranstalter sind dafür verantwortlich, Universe die mit ihrem Kundenkonto verknüpften korrekten Bankkontodaten mitzuteilen und diese Daten jederzeit aktuell zu halten.
7.4 Kontoguthaben: Veranstalter werden per E-Mail verständigt, wenn Guthaben zum Abheben zur Verfügung steht. Universe zahlt dem Veranstalter den angefragten Betrag innerhalb einer wirtschaftlich vertretbaren Frist ab Anfrage.
7.5 Zahlungen: In bestimmten Fällen erfolgt die Zahlung nur, wenn der dem Veranstalter geschuldete Betrag mindestens dem Schwellenbetrag entspricht. Unbezahlte Beträge, die unterhalb des Schwellenbetrags liegen, werden auf unbestimmte Zeit vorgetragen, bis der Schwellenbetrag erreicht oder überschritten ist. Falls ein Veranstalter sein Guthaben in einem bestimmten Monat ausgezahlt bekommen möchte, obwohl der ihm geschuldete Betrag noch unter dem Schwellenbetrag liegt, hat er sich mit der entsprechenden Anfrage an support@universe.com zu wenden.
7.6 Einbehalt von Zahlungen: Universe behält sich das Recht vor, nach eigenem Ermessen eine Zahlung an einen Veranstalter einzubehalten oder Beträge vom Konto eines Veranstalters zurückzubuchen, die Universe anderweitig oder aufgrund einer Verletzung der Allgemeinen Geschäftsbedingungen geschuldet werden, solange die vertretbare Untersuchung dieser Verletzung andauert. Universe behält sich das Recht vor, Veranstaltern geschuldete Zahlungen für bis zu 6 Monate einzufrieren, sollte Universe nach eigenem Ermessen der Ansicht sein, dass Käufer Gebühren anfechten oder der Veranstalter, die Veranstaltung, das Listing und/oder Tickets mit einem Betrug in Zusammenhang stehen könnten.
7.7 Angefochtene Zahlungen: Ficht ein Veranstalter eine beliebige von Universe getätigte oder geschuldete Zahlung an, hat der Veranstalter Universe innerhalb einer Frist von 30 Tagen nach getätigter bzw. fällig gewordener Zahlung schriftlich darüber zu informieren. Kommt der Veranstalter dieser Pflicht nicht fristgemäß nach, verwirkt er jeglichen Anspruch im Zusammenhang mit einer beliebigen angefochtenen Zahlung.
7.8 Erstattungen: Wenn ein Veranstalter einem Käufer gemäß diesen Allgemeinen Geschäftsbedingungen eine Erstattung gewährt, sein Konto bei Universe jedoch nicht die zur Begleichung des Erstattungsbetrags notwendige Deckung aufweist, wird der Veranstalter umgehend ausreichende Deckung auf sein Konto bei Universe anweisen, damit Universe die Erstattung an den Käufer zahlen kann. Universe wird ohne ausreichende Deckung auf dem Universe Konto des Veranstalters keine Erstattungen zahlen. Dem Veranstalter wird die Servicegebühr in Rechnung gestellt und von Universe einbehalten.
8. STRIPE PAYMENTS
8.1 Stripe Payments: Veranstalter können über die Stripe-Website ein Stripe-Connect-Konto eröffnen und es mit ihrem Kundenkonto für die Dienste von Universe verknüpfen, woraufhin Zahlungen für ihre Veranstaltungen unter Verwendung ihres eigenen Händlerkontos darauf abgewickelt werden können.
8.2 Zahlungen: Dem Stripe-Konto des Veranstalters wird unmittelbar, nachdem der Käufer eine Transaktion abgeschlossen hat, der Gesamtwert aller Verkaufspreise gutgeschrieben und die Servicegebühr und die Universe Auftragsgebühr (falls anwendbar) werden an Universe gezahlt.
8.3 Erstattungen: Die Entscheidung darüber, ob dem Ersuchen eines Käufers um Erstattung des Transaktionswerts gemäß dieser Allgemeinen Geschäftsbedingungen stattgegeben wird, liegt im alleinigen Ermessen des Veranstalters. Universe übernimmt keine Haftung gegenüber den Käufern im Zusammenhang mit Erstattungen und Erstattungen liegen in der alleinigen Verantwortung des Veranstalters.
8.4 Streitigkeiten: Im Fall von Anfragen und Streitigkeiten bzw. Anfechtungen, die sich auf Stripe Payments beziehen, werden solche Angelegenheiten von Stripe und dem Veranstalter unter Ausschluss von Rückgriffansprüchen gegen Universe geregelt.
9. RÜCKBUCHUNGEN
9.1 Rückbuchungen: Alle Gebühren für Kreditkartenrückbuchungen oder für andere Stornierungen von Transaktionen, die aus beliebigem Grund gegenüber Universe oder ihren verbundenen Unternehmen im Zusammenhang mit einem Listing eines Veranstalters erhoben werden (mit Ausnahme jener, die allein durch Fahrlässigkeit oder Vorsatz von Universe verursacht wurden), und alle damit zusammenhängenden Gebühren von Kreditkartenvereinigungen, Gebühren zur Verarbeitung von Zahlungen und sonstigen Gebühren und Aufwendungen, die Universe oder ihren verbundenen Unternehmen in Zusammenhang mit diesen Rückbuchungen entstehen, gehen zulasten des Veranstalters und der Veranstalter stimmt zu, Universe diese Beträge auf Anforderung umgehend vollständig zu erstatten. Universe behält sich das Recht vor, nach eigenem Ermessen mindestens 10% der Erlöse eines Veranstalters einzubehalten, um die Kosten für eventuelle von Käufern eingeleitete Rückbuchungen zu decken. Universe ist nicht verpflichtet eine beliebige Rückbuchungsanfrage anzufechten und ist berechtigt dies im eigenen Ermessen zu tun.
10. ABGESAGTE, VERLEGTE UND VERSCHOBENE VERANSTALTUNGEN
10.1 Umtausch und Stornierung von Tickets: Außer in den Fällen der Ziffern 10.2, 10.3 und 10.4 oder anderweitig nach Ermessen des Veranstalters, können Tickets nach dem Kauf weder storniert noch umgetauscht werden und auch eine Rückerstattung des Kaufpreises von Tickets ist ausgeschlossen.
10.2 Abgesagte Veranstaltungen: Wird eine Veranstaltung vollständig abgesagt (und nicht verlegt), erstattet der Veranstalter dem Käufer den Kaufpreis des Tickets einschließlich der Servicegebühr. Die Universe Auftragsgebühr ist nur erstattungsfähig, wenn alle gezahlten Bestandteile der Transaktion (d.h. Verkaufspreis und der gezahlte Preis für Add-Ons) in vollständigem Umfang vom Veranstalter erstattet werden. Wird dagegen ein beliebiger Bestandteil der Transaktion nicht erstattet, ist Universe berechtigt die Universe Auftragsgebühr einzubehalten. Falls eine Veranstaltung über mehrere Tage hinweg stattfindet, aber nicht alle Veranstaltungstage abgesagt werden, ist der Veranstalter verpflichtet, dem Käufer eine anteilige Erstattung hinsichtlich der abgesagten Veranstaltungstage (abzüglich der Servicegebühr und Universe Auftragsgebühr) zu zahlen.
10.3 Verlegte und verschobene Veranstaltungen: Falls eine Veranstaltung verlegt oder verschoben wird, behalten alle gekauften Tickets für die verlegte oder verschobene Veranstaltung ihre Gültigkeit. Der Käufer kann eine Erstattung des Verkaufspreises verlangen, wenn er an der verlegten oder verschobenen Veranstaltung nicht teilnehmen kann, sofern er die Erstattung innerhalb einer angemessenen Frist nach Bekanntgabe des neuen Veranstaltungstermins beim Veranstalter anfragt. In diesem Fall erstattet der Veranstalter dem Käufer den Verkaufspreis des Tickets und die Servicegebühr. Die Universe Auftragsgebühr ist nur erstattungsfähig, wenn alle gezahlten Bestandteile der Transaktion (d.h. Verkaufspreis und der gezahlte Preis für Add-Ons) in vollständigem Umfang vom Veranstalter erstattet werden. Wird dagegen ein beliebiger Bestandteil der Transaktion nicht erstattet, ist Universe berechtigt die Universe Auftragsgebühr einzubehalten.
10.4 Wesentliche Änderung: Falls eine Veranstaltung wesentlich geändert wird (d.h. jegliche Änderung außer einer Verlegung oder Verschiebung der Veranstaltung, die die Veranstaltung wesentlich von der zum Zeitpunkt des Kaufs im Listing beschriebenen Veranstaltung unterscheidet), kann der Käufer eine Erstattung des Verkaufspreises verlangen, vorausgesetzt er fragt die Erstattung beim Veranstalter innerhalb einer angemessenen Frist nach Benachrichtigung hinsichtlich der wesentlichen Änderung an. Beachten Sie, dass die Universe Auftragsgebühr nur erstattungsfähig ist, wenn alle gezahlten Bestandteile der Transaktion (d.h. Verkaufspreis und der gezahlte Preis für Add-Ons) in vollständigem Umfang vom Veranstalter erstattet werden. Wird dagegen ein beliebiger Bestandteil der Transaktion nicht erstattet, ist Universe berechtigt die Universe Auftragsgebühr einzubehalten. Es wird klargestellt, dass die folgenden Änderungen keine wesentlichen Änderungen darstellen: der Einsatz von Ersatzdarstellern bei Theateraufführungen, ungünstige Wetterbedingungen, Änderungen jeglicher Vorprogramme (Support Act); Änderungen betreffend einzelner Band-Mitglieder; Änderungen hinsichtlich des Line-Ups bei Multi-Künstler bzw. Darsteller-Veranstaltungen (z.B. Festivals); Abkürzung der Veranstaltung, nachdem der Großteil der Veranstaltung bereits stattgefunden hat und Verzögerungen beim Veranstaltungsbeginn.
11. DATENNUTZUNG UND -ERHEBUNG - DURCH VERANSTALTER
11.1 Universe erhebt Universe Käufer-Daten als Datenverantwortlicher. Universe übermittelt dem Veranstalter mittels der Veranstalter-Tools die Veranstalterkopie-Daten oder stellt diese zur Verfügung.
11.2 Der Veranstalter ist der Datenverantwortliche der Veranstalterkopie-Daten ab dem Zeitpunkt, an dem die Veranstalterkopie-Daten an den Veranstalter übermittelt oder zur Verfügung gestellt werden.
11.3 Universe und Veranstalter sind getrennte und unabhängige Datenverantwortliche und jede Partei ist selbst und allein für die Einhaltung ihrer Pflichten als Datenverantwortlicher gemäß der Datenschutzgesetze verantwortlich. Insbesondere sind Universe und Veranstalter jeweils:
(a) verantwortlich für die Einhaltung aller erforderlichen Anforderungen hinsichtlich Transparenz und Rechtmäßigkeit gemäß der Datenschutzgesetze; und
(b) verpflichtet, angemessene technische und organisatorische Maßnahmen zum Schutz von Universe Käufer-Daten und Veranstalterkopie-Daten vor (i) unbeabsichtigter oder unrechtmäßiger Zerstörung, und (ii) Verlust, Modifizierung oder unbefugter Offenlegung oder Zugriff auf solche Daten zu implementieren.
11.4 Datenverarbeitung: Falls Universe zusätzliche Käufer-Daten oder Veranstalterkopie-Daten im Auftrag des Veranstalters mittels der Veranstalter-Tools als Auftragsverarbeiter verarbeitet, finden die Ziffern 11.4 bis 11.7 Anwendung.
11.5 Die Verarbeitung, die von Universe im Auftrag des Veranstalters gemäß Ziffer 11.4 durchgeführt wird, umfasst Folgendes:
(a) Umfang: jede Verarbeitung von zusätzlichen Käufer-Daten und/oder Nutzung der Veranstalter-Tools, um Veranstalterkopie-Daten zu verarbeiten;
(b) Dauer: die Dauer gemäß dieser Allgemeinen Geschäftsbedingungen;
(c) Arten personenbezogener Daten: Name, E-Mail, Kontaktdaten; und
(d) Kategorien von Betroffenen: Käufer der Listings von Veranstaltern.
11.6 Im Zusammenhang mit der Verarbeitung durch Universe gemäß Ziffer 11.4 ist Universe verpflichtet:
(a) den dokumentierten Weisungen des Veranstalters betreffend der Verarbeitung der zusätzlichen Käufer-Daten und/oder Veranstalterkopie-Daten zu folgen. Jede weitere Weisung bedarf einer Vereinbarung zwischen dem Veranstalter und Universe,
(b) den Veranstalter zu informieren, falls nach Ansicht von Universe die Weisungen des Veranstalters gegen die Datenschutzgrundverordnung (DSGVO) verstoßen,
(c) sicherzustellen, dass Personen, denen Universe Zugriff auf die zusätzlichen Käufer-Daten und/oder Veranstalterkopie-Daten gibt, zur Vertraulichkeit verpflichtet werden, technische und organisatorische Sicherheitsmaßnahmen zum Schutz vor unbeabsichtigter oder unrechtmäßiger Zerstörung, Verlust, Modifizierung oder unbefugter Offenlegung von oder Zugriff auf solche personenbezogenen Daten zu implementieren (eine „Verletzung des Schutzes personenbezogener Daten“),
(d) den Veranstalter unverzüglich nach Kenntniserlangung bezüglich einer Verletzung des Schutzes personenbezogener Daten zu informieren,
(e) den Veranstalter bei der Beantwortung von Anfragen einzelner Personen, die ihre Betroffenenrechte gemäß der DSGVO ausüben, zu unterstützen, soweit eine solche Unterstützung sich auf zusätzliche Käufer-Daten und/oder Veranstalterkopie-Daten bezieht, die Universe als Auftragsverarbeiter verarbeitet,
(f) den Veranstalter zu unterstützen, um seine Verpflichtungen gemäß Artikel 32 bis 36 DSGVO zu erfüllen, soweit diese Unterstützung sich auf zusätzliche Käufer-Daten und/oder Veranstalterkopie-Daten bezieht, die Universe als Datenverarbeiter verarbeitet,
(g) auf Anfrage des Veranstalters Nachweise zur Verfügung zu stellen, die belegen, dass Universe die Bestimmungen der Ziffern 11.4 bis einschließlich 11.7 einhält, und dem Veranstalter die Durchführung einer Prüfung der jeweiligen Nachweise hinsichtlich der Einhaltung zu gestatten,
(h) keine zusätzlichen Käufer-Daten und/oder Veranstalterkopie-Daten in ein Land außerhalb des Europäischen Wirtschaftsraums (EWR) zu übermitteln, es sei denn, Universe verfügt über eine rechtmäßige Grundlage für die Übermittlung, und
(i) bei Kündigung oder Beendigung dieser Allgemeinen Geschäftsbedingungen, je nach Wahl des Veranstalters, die zusätzlichen Käufer-Daten und/oder Veranstalterkopie-Daten umgehend herauszugeben oder zu löschen, außer in den Fällen, in denen Universe gemäß anwendbarem Recht verpflichtet ist, solche personenbezogenen Daten aufzubewahren.
11.7 Soweit Universe gemäß den EU-Datenschutzgesetzen der Zustimmung zur Unterbeauftragung für weitere Auftragsverarbeiter bedarf, erteilt der Veranstalter an Universe bereits jetzt seine generelle Zustimmung zu den aktuell beauftragten weiteren Auftragsverarbeitern, um zusätzliche Käufer-Daten und/oder Veranstalterkopie-Daten verarbeiten zu können. Eine Liste mit weiteren Auftragsverarbeitern kann dem Veranstalter auf Nachfrage zur Verfügung gestellt werden. Falls der Veranstalter einer Änderung der aufgelisteten weiteren Auftragsverarbeiter aufgrund angemessener datenschutzbezogener Gründe widerspricht, ist der Veranstalter berechtigt, die Nutzung der Dienste von Universe einzustellen. Universe wird den weiteren Auftragsverarbeitern vergleichbare Pflichten auferlegen, wie in diesen Allgemeinen Geschäftsbedingungen geregelt, und Universe haftet für die Handlungen und Unterlassungen ihrer weiteren Auftragsverarbeiter.
11.8 Der Veranstalter stellt Universe von allen Kosten, Aufwendungen (einschließlich Rechtsverfolgungskosten), Schäden, Verlusten (einschließlich Geschäftsverlust oder entgangenem Gewinn), Haftungen, Forderungen, Ansprüchen, Klagen oder Verfahren frei, die auf Seiten von Universe im Zusammenhang mit Folgendem entstehen: (i) der Befolgung von Weisungen des Veranstalters im Zusammenhang mit der Verarbeitung von personenbezogenen Daten (einschließlich hinsichtlich Anfragen von einzelnen Personen, die ihre Betroffenenrechte gemäß der EU-Datenschutzgesetze wahrnehmen, und jeder Weisung, solche Daten aufzubewahren, offenzulegen, zu ergänzen oder anderweitig zu verarbeiten) durch Universe; oder (ii) jede Verletzung dieser Ziffer 11 oder der Ziffer 12 durch den Veranstalter.
12. VERANSTALTER-TOOLS
12.1 Im Rahmen der Dienste von Universe können Veranstalter-Tools zur Verfügung gestellt werden, einschließlich beliebiger Ausstattung oder Software (einschließlich Software as a Service). Wenn Universe dem Veranstalter Zugriff auf die Veranstalter-Tools gewährt, ist der Veranstalter verpflichtet:
(a) alle besonderen Bedingungen, die dem Veranstalter im Zusammenhang mit Veranstalter-Tools mitgeteilt werden, einzuhalten,
(b) alle Logins und Passwörter sicher aufzubewahren und sicherzustellen, dass diese nicht gegenüber unbefugten Personen oder Dritten offengelegt werden,
(c) über angemessene Sicherheitsverfahren und -maßnahmen hinsichtlich der Nutzung der Veranstalter-Tools und der Nutzung des Internets zu verfügen und sicherzustellen, dass alle berechtigten Nutzer in den betreffenden Sicherheitsverfahren und -maßnahmen geschult sind,
(d) sicherzustellen, dass er über eine angemessene Datenschutzerklärung verfügt und diese Käufern an geeigneter Stelle zur Verfügung stellt, und
(e) allein verantwortlich und haftbar zu sein für alle Aktivitäten, die im Zusammenhang mit der Nutzung der Veranstalter-Tools (unabhängig davon, ob diese durch Universe im Auftrag des Veranstalters oder durch den Veranstalter selbst erfolgt) vorgenommen werden, und sicherzustellen, dass sämtliche Aktivitäten im Einklang mit allen anwendbaren Gesetzen und Bestimmungen erfolgen. Der Veranstalter haftet in Bezug auf und stellt Universe von sämtlichen Verlusten frei, die im Zusammenhang mit einer Verletzung solcher Gesetze und/oder Bestimmungen entstehen.
12.2 Im Hinblick auf Veranstalter-Tools und sämtliche Materialien, die unter Nutzung der Veranstalter-Tools generiert werden, ist es dem Veranstalter untersagt (und er darf dies auch keinem Dritten gestatten):
(a) beliebige Marken, Urheberrechtsschutzvermerke oder jegliche andere geschützte Bezeichnung an den Veranstalter-Tools oder Materialien einschließlich jeder Vervielfältigung, Ableitung oder teilweisen Kopien dieser zu löschen, zu entfernen, zu ändern oder anderweitig zu modifizieren;
(b) die Veranstalter-Tools einschließlich jeglicher Ableitungen dieser zu demontieren, zurückzuentwickeln, zu dekompilieren, wiederaufzuarbeiten oder zu reparieren,
(c) die Veranstalter-Tools, Materialien oder beliebige hieran bestehende Rechte oder Kopien dieser an eine natürliche oder juristische Person zu verkaufen, zu vermieten, zu übertragen, einzuräumen, zu veröffentlichen, offenzulegen, öffentlich wiederzugeben oder anderweitig zugänglich zu machen, oder
(d) die Veranstalter-Tools, die Server, auf denen die Veranstalter-Tools gehostet werden, oder einen anderen Teil des Netzwerks von Universe zu hacken, zu versuchen zu hacken oder anderweitig zu versuchen, die Grenzen der Server dieser Veranstalter-Tools in irgendeiner Weise zu umgehen oder außerhalb dieser zu navigieren.
12.3 Der Veranstalter erkennt an, dass durch die Nutzung der Veranstalter-Tools keine Rechte am geistigen Eigentum oder sonstige Rechte an den Veranstalter-Tools übertragen werden.
12.4 Die Veranstalter-Tools werden dem Veranstalter im Ist-Zustand zur Verfügung gestellt, ohne Gewährung jeglicher Garantien (ob stillschweigend oder ausdrücklich), einschließlich Garantien der Marktgängigkeit oder Eignung für einen bestimmten Zweck oder der Nutzbarkeit in Bezug auf das Internet oder der Nutzung von Informationen in Verbindung mit den gemäß dieser Ziffer 12.4 zur Verfügung gestellten Veranstalter-Tools. Der Veranstalter erkennt an, dass elektronische Kommunikation und Datenbanken Fehlern, Hackings, Abstürzen, Manipulationen und Einbrüchen unterliegen können. Universe stimmt zu, angemessene Sicherheitsvorkehrungen zu treffen, um solche Vorfälle zu vermeiden, jedoch garantiert Universe nicht, dass solche Vorfälle nicht stattfinden werden.
13. DURCHSETZUNGSMASSNAHMEN GEGEN VERANSTALTER
13.1 Stornierung und Löschung: Universe behält sich das Recht vor, ein Listing und/oder eine Transaktion und/oder ein Veranstalter-Kundenkonto jederzeit, aus beliebigem Grund und nach eigenem Ermessen zu stornieren bzw. zu löschen.
D. Geschäftsbedingungen - Ticketkauf
14. PREIS UND ZAHLUNG
14.1 Verkaufspreis: Der Veranstalter legt den Verkaufspreis des Tickets fest und kann den Verkaufspreis jederzeit vor einer Transaktion ändern.
14.2 Gebühren/Abgaben: Wenn ein Käufer ein oder mehrere Tickets zum Kauf auswählt, sind alle zusätzlichen Gebühren und/oder Abgaben im Zusammenhang mit dem Ticket und der Transaktion vom Veranstalter eindeutig anzugeben.
14.3 Überprüfung Ihrer Bestellung: Als Käufer müssen Sie sicherstellen, dass Sie alle Angaben zum Listing gelesen und sich vor dem Kauf für das für Sie richtige Ticket entschieden haben. Universe behebt keine entstehenden Fehler, und die Veranstalter handeln in dieser Hinsicht nach eigenem Ermessen.
14.4 Zahlungsinformationen: Der Käufer gewährleistet und sichert zu, dass er befugt ist, die ausgewählte Zahlungsmethode zu verwenden, und dass die angegebenen Zahlungsinformationen vollständig, aktuell und richtig sind.
14.5 Genehmigungseinstellungen: Bei einigen Listings kann es erforderlich sein, dass der Veranstalter zustimmt, bevor der Käufer Tickets kaufen kann. Bei solchen Listings ist die Frist anzugeben, in der eine solche Zustimmung durch den Veranstalter zu erfolgen hat. Wird innerhalb dieser Frist keine Zustimmung erteilt, wird Ihre Bestellung storniert und es erfolgt keine Zahlung.
14.6 Auftragsbestätigung: Sobald die Käufer ihren Kauf durch Eingabe ihrer Zahlungsangaben, falls erforderlich, und Klicken auf „Jetzt bezahlen“ für kostenpflichtige Veranstaltungen oder auf „Registrieren“ für kostenlose Veranstaltungen abgeschlossen haben, wird für den Käufer automatisch eine Auftragsbestätigung ausgestellt. Zu diesem Zeitpunkt gehen Käufer und Veranstalter einen bindenden Vertrag ein. Die Auftragsbestätigung enthält das Ticket, mit dem der Käufer die Veranstaltung besuchen kann. Sollten Sie keine Auftragsbestätigung erhalten, kann diese zusammen mit dem Ticket über das Kundenkonto-Dashboard abgerufen werden.
14.7 Zahlung: Sobald der Käufer die Auftragsbestätigung erhalten hat, stimmt der Käufer, abhängig von der gewählten Zahlungsmethode des Veranstalters, zu, dass Universe oder ein dritter, im Namen des Veranstalters handelnder Zahlungsanbieter, den Betrag des Transaktionswerts gemäß der vom Käufer bereitgestellten Zahlungsmethode belasten oder autorisieren kann. Sofern nicht anderweitig mit dem Veranstalter vereinbart, dies gesetzlich erforderlich ist oder die Bedingungen gemäß Ziffern 10.2., 10.3. und 10.4. zutreffen, sind nach der Belastung des Betrags für den Käufer keine Rückzahlungen oder Gutschriften möglich.
14.8 Sonstige Bedingungen bezüglich Tickets: Alle vom Käufer gekauften Tickets unterliegen den für das Ticket, die Veranstaltung und den Veranstaltungsort geltenden Geschäftsbedingungen und allen anwendbaren Gesetzen und Vorschriften, einschließlich etwaiger Beschränkungen des Weiterverkaufs oder der Weitergabe von Tickets.
14.9 Rückfragen nach dem Kauf: Hat der Käufer nach dem Kauf eines Tickets Fragen oder Bedenken, kontaktiert der Käufer den Veranstalter direkt, ohne Universe zu kontaktieren oder dies zu versuchen.
14.10 Spenden: Veranstalter können sich bereit erklären, einen Teil des Verkaufspreises für einen bestimmten Zweck oder eine bestimmte Wohltätigkeitsorganisation zu spenden. Universe kontrolliert keine vom Veranstalter getätigten Spenden und übernimmt hierfür keine Verantwortung oder Haftung. Universe prüft nicht die faktische Richtigkeit von Spendenaussagen der Veranstalter in den Listings oder stellt diese anderweitig sicher.
14.11 Fremdwährung: Universe bietet eine Funktion, über die sich Benutzer Gebühren für verschiedene Listings in Fremdwährungen anzeigen lassen können. In Fremdwährungen aufgeführte Verkaufspreise dienen lediglich Informationszwecken. Sie erkennen an und stimmen zu, dass Fremdwährungen nicht den offiziellen Verkaufspreis angeben, und dass Ihnen zum Zeitpunkt einer Buchung zusammen mit dem entsprechenden Transaktionswert die Währung mitgeteilt wird, in der die Rechnungsstellung erfolgt. Der Wert ist in der Währung zahlbar, die beim Gang zur Kasse angegeben wird.
15. STORNIERUNG UND ERSTATTUNGEN
15.1 Stornierung: Die Bedingungen für die Stornierung von Tickets sind oben in Ziffer 10 aufgeführt.
15.2 Erstattungen: Falls ein Käufer eine Erstattung gemäß den Allgemeinen Geschäftsbedingungen anfragen möchte, muss der Käufer sich über die im Listing angegebenen Kontaktdaten an den Veranstalter wenden. Stimmt der Veranstalter einer Erstattung zu, muss der Veranstalter diese innerhalb einer wirtschaftlich angemessenen Frist an den Käufer zahlen, üblicherweise innerhalb einer Woche nachdem eine Erstattung vereinbart wurde. Hat sich der Veranstalter für die Nutzung von Universe Payments entschieden, nimmt Universe Erstattungen nur unter der Bedingung vor, dass der Veranstalter Universe entsprechende Gelder hierfür zur Verfügung gestellt hat. Servicegebühren, sofern anwendbar für den Käufer, sind ggf. nicht erstattungsfähig (es sei denn die Erstattung ist gesetzlich vorgeschrieben). Die Universe Auftragsgebühr ist nur erstattungsfähig gemäß den Bedingungen der Ziffern 10.2, 10.3 und 10.4 dieser Allgemeinen Geschäftsbedingungen. Im Fall einer Streitigkeit zwischen dem Käufer und Veranstalter darüber, ob eine Erstattung zu zahlen ist oder nicht, ist Ziffer 15.3 unten anzuwenden.
15.3 Streitigkeiten: Falls es zu Streitigkeiten zwischen dem Käufer und Veranstalter kommt, einschließlich darüber, ob eine Erstattung zu zahlen ist, wird der Käufer sich an den Veranstalter wenden und ihm die Einzelheiten der Angelegenheit sowie seine angestrebte Lösung mitteilen. Der Veranstalter hat 48 Stunden Zeit, um die erhobenen Vorwürfe zu entkräften, was auf eines der folgenden Szenarien hinausläuft: (i) Entkräftet der Veranstalter die Vorwürfe nicht, ist der Verkaufspreis dem Käufer vollständig zu erstatten; oder (ii) sofern der Veranstalter die Vorwürfe entkräftet, müssen die Parteien einander kontaktieren, um die Auseinandersetzung beizulegen, und die Bestätigung über die Beilegung innerhalb von 30 Tagen an Universe übermitteln. Falls innerhalb von 30 Tagen nach dem Erstkontakt des Käufers keine Beilegung der Auseinandersetzung seitens des Käufers und Veranstalters erreicht wird, kann der Käufer Universe kontaktieren, um eine endgültige Beilegung der Auseinandersetzung seitens Universe anzufragen. In diesem Fall legt Universe die Streitigkeit nach alleinigem und absolutem Ermessen bei. Universe haftet gegenüber keiner der Parteien hinsichtlich der Beilegung einer beliebigen Streitigkeit. Der Veranstalter ist dafür verantwortlich, innerhalb von 48 Stunden nach einer Anfrage von Universe nachzuweisen, dass ein Käufer bei einer Veranstaltung anwesend war.
16. DURCHSETZUNGSMASSNAHMEN GEGENÜBER KÄUFERN
16.1 Stornierung von Transaktionen: Universe behält sich das Recht vor, die Transaktion eines Käufers unter folgenden Umständen zu stornieren:
(a) wenn Universe den Verdacht von betrügerischen, illegalen oder unethischen Aktivitäten bei einer oder mehreren Transaktionen hegt; und/oder
(b) wenn Universe den Verdacht einer unbefugten Nutzung eines Käufer-Kundenkontos und/oder der Dienste von Universe hegt; und/oder
(c) bei Verletzung von Regelungen dieser Allgemeinen Geschäftsbedingungen.
17. MERCHANDISE UND ADD-ONS
17.1 Der Veranstalter trägt allein die Verantwortung dafür, dass alle Verpflichtungen hinsichtlich der Erfüllung, Rücknahme und Lieferung von beliebigem Merchandise, Produkten und/oder zusätzlichen Dienstleistungen, die im Zusammenhang mit den Tickets für eine beliebige Veranstaltung gebündelt oder verkauft werden, einschließlich aller damit verbundenen Kosten, erbracht werden. Der Veranstalter stellt Universe und alle mit Universe verbundenen Unternehmen und ihre Lizenznehmer (sowie ihre jeweiligen leitenden Angestellten, Direktoren, Mitarbeiter, Lizenznehmer, Auftraggeber und Vertreter) schad- und klaglos hinsichtlich aller Ansprüche, Kosten (einschließlich Gerichtskosten und angemessener Anwaltskosten), Verpflichtungen, Verlusten und Verbindlichkeiten im Zusammenhang mit oder in Verbindung mit solchem Merchandise, Produkten bzw. zusätzlichen Dienstleistungen.
18. DATENSCHUTZERKLÄRUNG: Weitere Informationen darüber, wie wir Ihre Käufer-Benutzerdaten verwenden und schützen, finden Sie in der Universe Datenschutzerklärung und in der Cookie-Richtlinie.
E. Generelle Regelungen
19. DEFINITIONEN UND INTERPRETATIONEN
19.1 In diesen Allgemeinen Geschäftsbedingungen:
„Kundenkonto“ bezeichnet das Kundenkonto, das Sie zur Nutzung der Dienste von Universe erstellt haben.
„zusätzliche Käufer-Daten“ bezeichnet alle Daten über die Käufer des Veranstalters, die der Veranstalter Universe anweist im Rahmen eines Listings zu erheben, und die nicht zeitgleich Universe Käufer-Daten sind.
„Datenschutzgesetze“ bezeichnet alle Gesetze, Regeln und Vorschriften bezüglich Daten und Privatsphäre im jeweils geltenden Umfang, unter anderem einschließlich der folgenden Gesetze („EU-Datenschutzgesetze“): (a) Verordnung 2016/679 des EU-Parlaments und des Rates zum Schutz natürlicher Personen bei der Verarbeitung personenbezogener Daten, zum freien Datenverkehr (Datenschutzgrundverordnung) (die „DSGVO“); und (b) die Richtlinie über die Privatsphäre in der elektronischen Kommunikation (2002/58/EG); und (c) alle anderen anwendbaren nationalen Datenschutzgesetze in Umsetzung oder Ausgestaltung von (a) oder (b); jeweils in der aktuellen Fassung.
„Datenverantwortlicher“ hat die Bedeutung, die diesem Begriff in den EU-Datenschutzgesetzen zugewiesen wird.
„Datenverarbeiter“ hat die Bedeutung, die diesem Begriff in den EU-Datenschutzgesetzen zugewiesen wird.
„Veranstaltung“ bezeichnet alle in einem Listing aufgeführten Veranstaltungen oder Aktivitäten, die eine Zutrittsberechtigung benötigen, für die Tickets über die Dienste von Universe ausgestellt, gekauft oder verkauft werden können.
„Feedback“ bezeichnet jedes von Benutzern gepostete Feedback, Kommentare und Vorschläge zur Verbesserung der Dienste von Universe.
„Höhere Gewalt“ bezeichnet jeden Umstand außerhalb der Kontrolle von Universe, unter anderem einschließlich Naturgewalten, Krieg, Aufruhr, Aufstand, terroristische Handlungen, Brände, Explosionen, Überflutungen, Epidemien, Diebstahl zwingend erforderlicher Ausrüstung, vorsätzliche Beschädigung, Streiks, Aussperrungen, Unwetter, einstweilige Verfügungen gegen Dritte, Erfordernisse der Landesverteidigung, Gesetze oder Vorschriften nationaler oder lokaler Regierungen.
„Listing“ bezeichnet die vom Veranstalter erstellten Listings für Veranstaltungen und Tickets, für die Tickets zum Verkauf oder Vertrieb verfügbar sind, und die für diese Veranstaltung erstellten digitalen Inhalte enthalten.
„Auftragsbestätigung“ bezeichnet die schriftliche Mitteilung zur Bestätigung einer Transaktion, die automatisch für den Käufer ausgestellt wird, sobald der Buchungsprozess beendet ist. In diesem Moment kommt ein rechtlich bindender Vertrag bezüglich der Transaktion zwischen dem betreffenden Käufer und dem betreffenden Veranstalter zustande.
„Methode zur Zahlungsabwicklung/Zahlungsmethode“ bezeichnet eine der zwei Methoden zur Zahlungsabwicklung beim Verkauf von Tickets unter der Nutzung der Dienste von Universe, entweder Universe Payments oder Stripe Payments.
„Personenbezogene Daten“ hat die Bedeutung, die diesem Begriff in den EU-Datenschutzgesetzen zugewiesen wird.
„Verkaufspreis bzw. Kaufpreis“ bezeichnet den Preis, zu dem ein Veranstalter ein Ticket unter Nutzung der Dienste von Universe in britischen Pfund, Euro oder einer anderen gültigen Währung zum Kauf anbietet und welcher Null betragen kann (d.h. manche Veranstaltungen können kostenlos sein) und welcher alle beliebigen und zusätzlichen Kosten und Gebühren, die der Veranstalter festsetzen kann, enthält, und nicht die Servicegebühr und Universe Auftragsgebühr betrifft.
„Veranstalterkopie-Daten“ bezeichnet eine Kopie des Teils der Universe Käufer-Daten, die Universe dem Veranstalter übermittelt oder zur Verfügung stellt, soweit dies für das Listing des Veranstalters erforderlich ist.
„Veranstalter-Tools“ bezeichnet jede Ausstattung und/oder Software und damit zusammenhängende Dienstleistungen, die Universe dem Veranstalter im Rahmen der Dienste von Universe zur Verfügung stellt, z.B. Reporting, E-Mail-Management oder Analysen von Daten.
„Servicegebühren“ bezeichnet die (soweit das Gesetz keine Erstattung vorschreibt) nicht erstattungsfähige Servicegebühr, die an Universe für die Bereitstellung der Dienste von Universe zu zahlen ist und, je nach Entscheidung des Veranstalters, entweder dem Veranstalter (dann wird der Betrag von Universe vor der Begleichung der Verkaufserlöse eingezogen) oder dem Käufer in Rechnung gestellt wird (dann wird der Betrag in der Zwischensumme auf der Bezahlseite angezeigt und vom Käufer zusätzlich zum Kaufpreis als Teil des gesamten Transaktionswertes gezahlt). Die Servicegebühr versteht sich zuzüglich der jeweils anfallenden Steuern; anwendbare Steuern sind zusätzlich zu zahlen.
„Stripe Payments“ bezeichnet die Integration des Stripe-Kontos des Veranstalters zur Verarbeitung der von einem Käufer getätigten Zahlungen.
„Social-Media-Website eines Dritten“ bezeichnet alle Websites und Anwendungen, mit denen Benutzer Inhalte erzeugen und teilen oder sich an sozialen Netzwerken beteiligen können, einschließlich aber nicht beschränkt auf Facebook, Twitter und Google Chrome.
„Schwellenbetrag“ bezeichnet einen Betrag von mindestens 10 £ oder das Äquivalent in der Währung Ihres Wohnsitzlandes.
„Ticket(s)“ bezeichnet elektronische Tickets oder sonstige Nachweise über den Anspruch, auf einer Veranstaltung Raum zu beanspruchen oder sie zu besuchen.
„Transaktion“ bezeichnet eine über die Dienste von Universe vorgenommene Transaktion, bei der der Käufer dem Kauf und der Veranstalter dem Verkauf eines oder mehrerer Tickets zum aufgeführten Kaufpreis zustimmt.
„Transaktionswert“ bezeichnet den durch den Käufer aus einer Transaktion zahlbaren Gesamtbetrag, der alle in Ziffer 14.2 genannten Kosten und Gebühren beinhaltet.
„Daten des Universe Kundenkontos“ bezeichnet die personenbezogenen Daten, die Sie bei der Registrierung Ihres Kundenkontos hochladen.
„Universe Käufer-Daten“ bezeichnet alle Daten, die Universe von Käufern im Zusammenhang mit der Nutzung der Dienste von Universe erhebt.
„Universe Payments“ bezeichnet die gewählte Methode der Zahlungsabwicklung, mit der der Transaktionswert an Universe gezahlt wird. Universe zahlt daraufhin den Kaufpreis an den Veranstalter aus.
„Universe Auftragsgebühr“ bezeichnet, soweit anwendbar, die Auftragsgebühr im Zusammenhang mit einer Transaktion, die gezahlte Tickets und/oder Add-Ons beinhaltet und die von Käufern an Universe zu zahlen ist. Der betreffende Betrag wird in der Zwischensumme auf der Bezahlseite angezeigt und ist vom Käufer zusätzlich zum Kaufpreis und zur Servicegebühr als Teil des gesamten Transaktionswerts zu zahlen. Die Universe Auftragsgebühr ist nur gemäß den Bedingungen der Ziffern 10.2, 10.3 und 10.4 dieser Allgemeinen Geschäftsbedingungen erstattungsfähig.
„Dienste von Universe“ bezeichnet alle Online-Dienste von Universe, einschließlich aber nicht beschränkt auf die Website, die zum Download auf das Smartphone bereitgestellte Software-Anwendung, die eine modifizierte Version der Website enthält, und alle mobilen Dienste, jede bereitgestellte Software oder Hardware und damit zusammenhängende Tools und Dienste, die von Universe oder von einem mit Universe verbundenen Unternehmen bereitgestellt werden.
„Veranstaltungsort“ bezeichnet jeden Platz, jede Einrichtung oder jeden Standort, an dem eine Veranstaltung stattfindet.
„Website“ bezeichnet alle von Universe betriebenen oder bereitgestellten Websites, einschließlich Software-Anwendungen, die zum Download auf ein Smartphone bereitgestellt werden und eine modifizierte Version der Website enthalten.
20. KÜNDIGUNG
20.1 Kündigung durch Universe: Universe behält sich vor, Ihr Kundenkonto zu kündigen und/oder eine Ihrer Transaktionen zu stornieren und/oder ein Listing zu löschen und/oder Sie von der Nutzung der Dienste von Universe in Zukunft auszuschließen, wenn:
(a) Universe von Ihnen oder Ihrem Kundenkonto ausgeübter Missbrauch oder ausgeübtes bedrohliches Verhalten gemeldet wird,
(b) Universe den Verdacht einer unbefugten Nutzung Ihres Kundenkontos und/oder der Dienste von Universe hegt,
(c) Universe den Verdacht betrügerischer Aktivitäten oder illegaler Aktivitäten in Bezug auf Ihr Kundenkonto hegt,
(d) Sie anderweitig Bestimmungen dieser Allgemeinen Geschäftsbedingungen verletzen,
(e) Universe von staatlichen Stellen oder Aufsichtsbehörden dazu aufgefordert wird,
(f) Sie eine natürliche Person und nicht in der Lage sind, Ihre Schulden bei Fälligkeit zu bezahlen oder für zahlungsunfähig erklärt werden, bzw. wenn Sie ein Unternehmen sind und ein Insolvenzverfahren gegen Sie eingeleitet wird oder Sie mit Ihren Gläubigern eine freiwillige Vereinbarung treffen oder einen freiwilligen Vergleich (oder nach dem Recht Ihres Wohnsitzlandes eine sonstige Vereinbarung) eingehen, oder ein Hypothekengläubiger Ihr Eigentum oder Ihre Vermögenswerte in Besitz nimmt oder ein Zwangsverwalter für Ihre Vermögenswerte bestellt wird, das Unternehmen abgewickelt wird oder seine Geschäftstätigkeit zu anderen Zwecken als zu Sanierungszwecken einstellt oder einzustellen droht, und/oder
(g) Universe Ihnen aufgrund einer Entscheidung von Universe unter Einhaltung einer 30-tägigen Kündigungsfrist schriftlich kündigt.
20.2 Kündigung durch Sie: Sie können Ihr Kundenkonto jederzeit über das Feature Konto kündigen oder durch Übermittlung einer E-Mail an support@universe.com kündigen. Sind Sie Veranstalter, dann müssen Sie vor dem Kündigen Ihres Kundenkontos alle Tickets stornieren, die Sie für Veranstaltungen, die noch nicht stattgefunden haben, verkauft haben, die Käufer informieren und den Käufern den Betrag erstatten, wenn Sie Stripe Payments als Zahlungsmethode verwenden, oder bei Universe Payments Universe zur Erstattung der Beträge an die Kunden anweisen. Bitte beachten Sie, dass Universe bei der Kündigung Ihres Kundenkontos nicht verpflichtet ist, die von Ihnen an die Dienste von Universe übermittelten Benutzerinhalte zu löschen oder Ihnen zurückzugeben.
20.3 Wirkung der Kündigung: Die Kündigung Ihres Kundenkontos wirkt sich weder auf Ihre Rechte und Verbindlichkeiten, noch auf die Rechte und Verbindlichkeiten von Universe aus, die bis einschließlich zum Zeitpunkt der Kündigung entstanden sind, noch auf Regelungen, für die ausdrücklich oder stillschweigend vorgesehen ist, dass sie auch nach der Kündigung fortbestehen.
21. REGELN BEZÜGLICH DER DIENSTE VON UNIVERSE
21.1 Regeln: Hinsichtlich der Nutzung der Dienste von Universe ist Folgendes nicht gestattet und Sie stimmen zu, Folgendes zu unterlassen:
(a) Verletzung von lokalen, staatlichen, Provinz-, nationalen oder sonstigen Gesetzen oder Vorschriften oder Anordnungen eines Gerichts,
(b) Verletzung der Rechte von Personen oder Unternehmen, einschließlich, ohne Einschränkung, ihrer Rechte bezüglich geistigem Eigentum, Datenschutz, Werbung oder vertraglicher Rechte,
(c) Störung oder Schädigung der Dienste von Universe, einschließlich, ohne Einschränkung, durch Viren, Bots, trojanische Pferde, schädliche Codes, Ping-Flooding, Denial-of-Service-Angriffe, Paket- oder IP-Spoofing, gefälschtes Routing oder gefälschte E-Mail-Adressen oder ähnliche Methoden oder Technologien,
(d) Nutzung der Dienste von Universe zum Vertrieb unerwünschter Werbe-E-Mails („Spam“) oder Werbung, die in keinerlei Zusammenhang mit den Diensten von Universe stehen,
(e) Stalking oder Belästigung anderer Benutzer der Dienste von Universe oder Sammeln oder Speichern personenbezogener Daten von Benutzern, außer Daten, deren Sammlung und Speicherung ausdrücklich durch die Dienste von Universe zulässig ist,
(f) Übermittlung von Beiträgen oder Bereitstellung von Links auf Beiträge, die Materialien enthalten, die als gefährlich, obszön, pornografisch, sexuell eindeutig, unanständig, anzüglich, gewalttätig, missbräuchlich, ruchlos, beleidigend, bedrohlich, belästigend, hasserfüllt oder auf andere Weise verwerflich gelten könnten, die Bilder oder Abbildungen von Personen unter 18 Jahren enthalten, Drogenmissbrauch fördern oder anderweitig zeigen oder verherrlichen (einschließlich Alkohol und Zigaretten), Gewalt als genehm, glamourös oder wünschenswert darstellen, oder persönliche Kontaktdaten oder sonstige persönliche Informationen zur Identifizierung Dritter enthalten,
(g) Übermittlung von Beiträgen oder Bereitstellung von Links auf Beiträge, die Materialien enthalten, die einzelne Personen oder bestimmte Gruppen von Einzelpersonen aufgrund von Religion, Rasse, ethnischer Herkunft, sexueller Orientierung, Geschlecht, Alter oder Behinderung belästigen, schikanieren, erniedrigen oder einschüchtern,
(h) mehr als ein Kundenkonto anzumelden oder sich für ein Kundenkonto im Namen einer anderen Einzelperson anzumelden, Mitarbeiter oder Beauftragte Ihres Unternehmens eingeschlossen,
(i) ohne vorherige schriftliche Zustimmung von Universe Veranstalter oder Benutzer dazu heranzuziehen oder anderweitig dazu zu bringen, sich an Diensten oder Websites Dritter zu beteiligen, die Mitbewerber von Universe sind,
(j) sich für Personen oder Unternehmen auszugeben oder sich oder Ihre verbundenen Unternehmen zu fälschen oder anderweitig falsch als eine andere Person oder Unternehmen darzustellen,
(k) automatisch ausgeführte Skripte zum Sammeln von Informationen oder zum anderweitigen Interagieren mit den Diensten von Universe zu verwenden,
(l) Dienste von Universe zu nutzen, um einen Veranstalter oder Käufer zu finden, und dann die Transaktion unabhängig von den Diensten von Universe durchzuführen, um die Zahlung von Gebühren für die Bereitstellung des Listings durch Universe zu umgehen,
(m) als Veranstalter Listings mit falschen oder irreführenden Preisangaben zu übermitteln oder mit einem Preis, einer Dienstleistung oder Aktivität, die Sie nicht einzuhalten bereit sind,
(n) Nutzung, Anzeigen, Spiegelung oder Framing der Dienste von Universe oder von einzelnen Elementen der Dienste von Universe, des Namens von Universe, von Marken, Logos oder sonstigen urheberrechtlich geschützten Informationen von Universe oder Layout und Design von Seiten oder Formularen einer Seite ohne ausdrückliche, schriftliche Zustimmung von Universe,
(o) Zugriff auf, Fälschung oder Nutzung nicht öffentlicher Bereiche der Dienste von Universe, der Computersysteme von Universe oder der technischen Liefersysteme der Anbieter von Universe,
(p) zu versuchen, Schwachstellen der Systeme oder Netzwerke von Universe zu erkunden, auszuforschen oder zu prüfen oder Sicherheits- oder Authentifizierungsmaßnahmen zu verletzen,
(q) von Universe und Anbietern von Universe oder Dritten (einschließlich anderer Anbieter) zum Schutz der Dienste von Universe oder anderer verfügbarer Inhalte eingeführte technologische Maßnahmen zu vermeiden, zu umgehen, zu entfernen, zu deaktivieren, zu beschädigen oder zu entschlüsseln,
(r) Versuch des Dechiffrierens, Dekompilierens, Disassemblierens oder Rückentwickelns der zur Bereitstellung der Dienste von Universe verwendeten Software,
(s) Reproduktion oder Scan von Tickets in einem Format oder über ein Medium, das nicht von der Website bereitgestellt wird,
(t) Nutzung automatisierter Software oder automatisierter Computersysteme für die Suche, Reservierung, den Kauf oder den anderweitigen Erhalt von Tickets, Rabattcodes, Werbecodes, Gutscheinen, Geschenkgutscheinen oder sonstigen, auf der Website verfügbaren Artikeln, einschließlich Übermittlung von Informationen von Ihrem Computer an einen anderen Computer, auf dem eine solche Software oder ein solches System aktiv ist, und/oder
(u) Dritte bezüglich der Durchführung vorstehend aufgeführter Handlungen zu beraten, zu ermutigen oder sie dahingehend zu unterstützen.
21.2 Rechtliche Verfahren: Universe behält sich das Recht vor, zu ermitteln und angemessene rechtliche Schritte gegen jede unrechtmäßige und/oder unbefugte Nutzung der Dienste von Universe einzuleiten. Um Benutzer, die diese Allgemeinen Geschäftsbedingungen verletzen, juristisch zur Verantwortung zu ziehen, kann Universe lokale Vollstreckungsorgane einbeziehen und mit diesen zusammenarbeiten, zum Beispiel zivil- und strafrechtliche Verfahren anstrengen oder einstweilige Verfügungen erwirken. Ihnen ist bekannt, dass monetärer Schadenersatz für Universe keine ausreichende Abhilfe darstellen könnte, und dass Universe einen Unterlassungsanspruch oder sonstige Abhilfe aufgrund der Verletzung der Bestimmungen durch Sie erwirken könnte. Universe kann jederzeit aus einem beliebigen anderen Grund oder ohne Angabe von Gründen Ihr Kundenkonto kündigen, Ihren gesamten Benutzerinhalt löschen und Ihren Zugang zur Website sperren, ohne Sie vorab darüber zu informieren; das gilt insbesondere, wenn Universe feststellt, dass Sie diese Bestimmungen oder ein lokales oder nationales Gesetz verletzt haben. Wenn dies eintritt, ist Ihnen eine weitere Nutzung der Dienste von Universe oder der Website untersagt. Sie sind weiterhin an Ihre Verpflichtungen gemäß diesen Allgemeinen Geschäftsbedingungen gebunden. Ihnen ist bekannt, dass Universe Ihnen oder Dritten gegenüber nicht für die Beendigung des Zugangs auf die Website oder den Zugriff auf Ihr Kundenkonto oder auf damit zusammenhängende Informationen haftet, und Universe ist nicht dazu verpflichtet, Ihnen die Website oder Ihr Kundenkonto oder damit zusammenhängende Informationen verfügbar zu machen.
22. GEWÄHRLEISTUNGEN UND FREISTELLUNGEN
22.1 Richtige Informationen: Sie gewährleisten und sichern zu, dass die von Ihnen an Universe übermittelten Informationen für Ihr Kundenkonto und für die Nutzung der Dienste von Universe richtig, genau und vollständig sind, und dass Sie keine falschen Informationen, einschließlich Namen und E-Mail-Adresse, bei der Nutzung der Dienste von Universe verwenden werden.
22.2 Einhaltung gesetzlicher Vorschriften: Sie gewährleisten und sichern zu, dass Sie bei der Nutzung der Dienste von Universe alle geltenden lokalen, regionalen, nationalen und internationalen Gesetze, Vorschriften, Verhaltenskodizes und die Bestimmungen dieser Allgemeinen Geschäftsbedingungen einhalten. Des Weiteren gewährleisten Sie, dass Sie mindestens 18 Jahre alt sind und rechtlich bindende Verträge eingehen können.
22.3 Steuerfreistellung: Ihnen ist bekannt, dass Universe in keiner Weise für die korrekte oder angemessene Zahlung von Steuern in Ihrem Namen an Körperschaften verantwortlich ist (gilt für Käufer und/oder Verkäufer). Wenn Sie die Dienste von Universe geschäftlich nutzen, verpflichten Sie sich hiermit, Universe in Bezug auf alle Verbindlichkeiten, Kosten, Zinsen und Aufwendungen (einschließlich angemessener Anwaltshonorare) schad- und klaglos zu halten, die Universe aufgrund von Ansprüchen Dritter oder von staatlicher Seite entstanden sind und sich auf lokale, regionale, nationale oder internationale Steuerpflichten oder Beträge beziehen, die auf der Grundlage von Steuervorschriften, Abgabenordnungen, Steuergesetzen oder Erlassen oder Streitigkeiten bezüglich des steuerlichen Status von Universe fällig sind oder geschuldet werden.
22.4 Allgemeine Freistellung: Sie stimmen zu, Universe, seine Muttergesellschaften und verbundenen Unternehmen, Lieferanten, Werbetreibende und Sponsoren und sämtliche ihrer Funktionsträger, Verwaltungsratsmitglieder, Mitarbeiter, Erfüllungsgehilfen, gesetzlichen Vertreter und Subunternehmer („freigestellte Parteien“) zu entschädigen und von Ansprüchen oder Forderungen und allen Verbindlichkeiten, Kosten und Aufwendungen (einschließlich angemessener Anwaltshonorare und Kosten) freizustellen, die einer freigestellten Partei aufgrund oder in Zusammenhang mit Ihrer Nutzung der Website, der Verletzung der Bestimmungen dieser Allgemeinen Geschäftsbedingungen (einschließlich Missbrauch der Dienste von Universe) und/oder der Verletzung von Gesetzen oder von Rechten Dritter durch Sie entstanden sind. Wir behalten uns das Recht vor, die ausschließliche Kontrolle und Verteidigung von Ansprüchen zu übernehmen, und Sie arbeiten bei der Geltendmachung verfügbarer Verteidigungsmittel vollumfänglich mit uns zusammen.
23. HAFTUNG
23.1 Haftungsausschluss von Universe: Aufgrund des Geschäftsmodells von Universe und der Tatsache, dass Universe Handlungen oder Unterlassungen von Benutzern nicht kontrollieren kann, gibt Universe keine Gewährleistung in Bezug auf von Veranstaltern bereitgestellte Waren oder Dienstleistungen und schließt ausdrücklich jegliche Haftung aus.
23.2 Anwesenheit bei Veranstaltungen: Universe haftet unter keinen Umständen für Todesfälle oder Personenschäden, die Ihnen oder Ihren Gästen durch Anwesenheit bei einer Veranstaltung zustoßen, es sei denn, sie wurden direkt durch Fahrlässigkeit von Universe verursacht. Ebenso haftet Universe nicht für Verluste oder Schäden an Vermögenswerten oder persönlichem Eigentum, die Ihnen oder Ihren Gästen auf den Veranstaltungen entstehen.
23.3 Haftung von Universe: Sie stimmen zu, dass Ihnen aufgrund von fahrlässigen oder vorsätzlichen Handlungen anderer Benutzer der Dienste von Universe (Käufer oder Veranstalter) und in Zusammenhang mit Listings, Veranstaltungen oder Transaktionen kein Anspruch gegen Universe entsteht, es sei denn, Universe hat schuldhaft gehandelt. Bei Streitigkeiten zwischen Käufer und Veranstalter stellen Sie Universe (und ihre verbundenen Unternehmen, Muttergesellschaften, Tochtergesellschaften und ihre jeweiligen Funktionsträger, Verwaltungsratsmitglieder, Mitarbeiter, Erfüllungsgehilfen, gesetzlichen Vertreter und Subunternehmer) von der Haftung bezüglich aller Ansprüche, Forderungen und Schadenersatzansprüche (in Bezug auf effektive und Folgeschäden) jeder Art, ob bekannt oder unbekannt, offengelegt oder nicht offengelegt, frei, die aus oder in Zusammenhang mit solchen Streitigkeiten entstehen.
23.4 Haftungsausschluss: Soweit nach lokalem, nationalem und internationalem Recht zulässig, haftet Universe (und ihre verbundenen Unternehmen, Muttergesellschaften, Tochtergesellschaften und deren entsprechende Funktionsträger, Verwaltungsratsmitglieder, Mitarbeiter, Erfüllungsgehilfen, gesetzliche Vertreter und Subunternehmer) Ihnen gegenüber weder vertraglich noch aufgrund unerlaubter Handlung (einschließlich Fahrlässigkeit) für indirekte Verluste, Folgeverluste oder geschäftliche Verluste wie Datenverlust, entgangene Gewinne und Umsätze, Verlust an Firmenwert, Rufschädigung, entgangene(n) Genuss oder Gelegenheiten, oder konkrete Schäden oder verschärfte Schadenersatzansprüche, die vernünftigerweise nicht vorhersehbar sind und direkt oder indirekt durch Ihren Zugriff auf und Ihre Nutzung oder die Unmöglichkeit der Nutzung der Dienste von Universe entstehen. Nichts in diesen Allgemeinen Geschäftsbedingungen führt zu einer Beschränkung oder einem Ausschluss der Haftung von Universe für Betrug oder betrügerische Falschdarstellung oder für Tod oder Körperverletzung aufgrund von Fahrlässigkeit von Universe oder einer sonstigen Haftung von Universe, die nach lokalem, nationalem oder internationalem Recht nicht beschränkt oder ausgeschlossen werden kann. Nichts in diesen Allgemeinen Geschäftsbedingungen hat Einfluss auf die Rechte oder Rechtsbehelfe von Benutzern im Zusammenhang mit anwendbaren Gesetzen für Verbraucher.
23.5 Haftungsgrenze: Unbeschadet der übrigen Bestimmungen dieser Ziffer 23 ist die Haftung von Universe Ihnen gegenüber, sofern eine Haftung durch Universe festgestellt wird (sofern die Haftung nicht nach einschlägigen lokalen, nationalen oder internationalen Gesetzen beschränkt oder ausgeschlossen werden kann), insgesamt auf den Transaktionswert der Transaktion beschränkt, die die Haftungsgrundlage bildet.
23.6 Höhere Gewalt: Universe haftet in dem Maße nicht für die Nichterfüllung ihrer Verpflichtungen aus diesen Allgemeinen Geschäftsbedingungen, wie dies höherer Gewalt geschuldet ist.
24. BEILEGUNG VON STREITIGKEITEN
24.1 Bei Streitigkeiten, die aufgrund dieser Allgemeinen Geschäftsbedingungen oder durch Transaktionen gemäß dieser Allgemeinen Geschäftsbedingungen entstehen, wenden Sie sich bitte an den Kundendienst, um die Angelegenheit so sachgemäß wie möglich zu klären. Ihre Beschwerde wird von Universe so schnell wie möglich bearbeitet.
24.2 Universe bemüht sich bestmöglich, in gutem Glauben zu beraten oder zu verhandeln und eine gerechte und angemessene Beilegung zu erreichen, die für Sie und für Universe zufriedenstellend ist.
24.3 In dem unwahrscheinlichen Fall, dass wir Ihre Beschwerde nicht innerhalb von 28 Tagen durch Verhandlungen ausräumen können, werden wir versuchen, die Angelegenheit durch ein Mediationsverfahren beizulegen. Um eine Mediation einzuleiten, muss eine Partei gegenüber der anderen Partei im Streitfall schriftlich eine Mediation verlangen. Die Mediation wird gemäß den Verfahrensregeln eines selbstverwalteten Ticketing-Verbands vor Ort oder, wenn es keinen gibt, gemäß den am Tage der Übertragung des Streitfalls geltenden STAR Code of Practice and Dispute Resolution Procedure (Verfahrenskodex von STAR zur Beilegung von Streitigkeiten) durchgeführt, der das anzuwendende Verfahren, das Auswahlverfahren der Mediatoren und die damit verbundenen Kosten festlegt, die als Bestandteil dieser Allgemeinen Geschäftsbedingungen betrachtet werden.
24.4 Das Vorstehende schränkt Ihre gesetzlichen Rechte, Ihr Recht, eine Beschwerde bei den Trading Standards (oder einer entsprechenden lokalen Institution) oder einer anderen zuständigen Aufsichtsbehörde einzureichen, oder Ihr Recht, ein Gerichtsverfahren oder sonstige Formen der Beilegung zu verfolgen, wie zum Beispiel über die Europäische Online-Plattform zur Streitbeilegung, einem Portal, über das Sie zur Streitbeilegung eine Beschwerde bei einem registrierten Anbieter zur alternativen Beilegung von Streitigkeiten einreichen können, nicht ein.
25. ALLGEMEINES
25.1 Anwendbare Steuern: Als Benutzer der Dienste von Universe stimmen Sie zu, dass Sie allein dafür verantwortlich sind, die für Sie geltenden lokalen steuerlichen Meldepflichten zusammen mit Ihren Steuerberatern zu ermitteln. Universe kann Benutzern keine steuerliche Beratung anbieten und bietet diese nicht an. Beachten Sie des Weiteren, dass jeder Veranstalter dafür verantwortlich ist, die lokalen, indirekten Steuern zu ermitteln und alle anwendbaren abzuführenden Steuern oder Verpflichtungen bezüglich anwendbarer Steuern in die Listings aufzunehmen. Sie sind ebenfalls für die Zahlung der Ihnen für Ihren Einkauf oder die Nutzung der Dienste von Universe auf lokaler oder nationaler Ebene auferlegten Steuern verantwortlich, einschließlich, aber nicht beschränkt auf Verkaufs-, Nutzungs- oder Mehrwertsteuern (oder entsprechende lokale Abgaben). Soweit Universe dafür verantwortlich ist, diese Steuern einzubehalten, wird die anwendbare Steuer Ihrem Abrechnungskonto belastet, und Universe stellt auf Verlangen eines Veranstalters einen Beleg aus, wie gesetzlich vorgeschrieben.
25.2 Verzichtserklärung: Setzt Universe Bestimmungen dieser Allgemeinen Geschäftsbedingungen verzögert oder nicht durch, bedeutet dies nicht, dass Universe auf sein diesbezügliches Recht verzichtet.
25.3 Abtretung: Universe ist dazu berechtigt, seine Rechte und Pflichten aus diesen Allgemeinen Geschäftsbedingungen abzutreten, sofern Ihre Rechte dadurch nicht beeinträchtigt werden.
25.4 Salvatorische Klausel: Wird durch ein Gericht festgestellt, dass eine Bestimmung dieser Allgemeinen Geschäftsbedingungen aus irgendeinem Grund ungültig oder nicht durchsetzbar ist, bleibt die Gültigkeit der übrigen Bestimmungen davon unberührt und diese bleiben im vollen Umfang in Kraft.
25.5 Rechtswidrigkeit: Ist oder wird eine Bestimmung dieser Allgemeinen Geschäftsbedingungen nach dem Recht irgendeines Rechtssystems rechtswidrig, ungültig oder nicht durchsetzbar, wird die Rechtmäßigkeit, Gültigkeit bzw. Durchsetzbarkeit der anderen Bestimmungen dieser Allgemeinen Geschäftsbedingungen im betreffenden Rechtssystem davon nicht beeinträchtigt.
25.6 Ausschluss von Partnerschaft und Vertretungsverhältnis: Keine Bestimmung dieser Allgemeinen Geschäftsbedingungen und keine von Ihnen oder Universe nach diesen Allgemeinen Geschäftsbedingungen vorgenommene Handlung begründet eine Partnerschaft, ein Joint Venture, ein Auftraggeber-Auftragnehmer-Verhältnis oder ein beliebiges sonstiges, über die hierunter eingegangene Beziehung hinausgehendes Verhältnis zwischen Ihnen und Universe und ist auch nicht derart auszulegen.
25.7 Mitteilungen: Eine unter diesen Allgemeinen Geschäftsbedingungen getätigte Mitteilung ist ergangen, wenn sie zugestellt wurde, und gilt als zugestellt zum Zeitpunkt der Übergabe (bei persönlicher Übergabe, Übergabe durch einen Kurier oder Aushändigung als Einschreiben) oder zum Zeitpunkt der Übertragung (bei Übermittlung per E-Mail und sofern der Absender keine Fehlermeldung als Antwort auf seine E-Mail erhält).
25.8 Geltendes Recht und Gerichtsstand: Diese Allgemeinen Geschäftsbedingungen unterliegen in jeder Hinsicht dem Recht des Landes, in dem die Veranstaltung, für die Sie Karten kaufen, stattfindet, wobei die Kollisionsnormen dieses Landes nicht angewandt werden, und die Parteien erkennen die nicht ausschließliche Zuständigkeit der Gerichte des besagten Landes an.
A. Inleiding en kernbegrippen
1. DEZE ALGEMENE VOORWAARDEN
1.1 Behoudens voor zover hieronder anders is bepaald, sluit u (“Gebruiker”, “u”, “uw”) een overeenkomst met Universe Experiences, Inc. (“Universe”), ongeacht of u de Universe-diensten gebruikt om Tickets te kopen (“Koper”) of Tickets te verkopen (“Host”), tenzij Universe u anders informeert. Indien u Tickets koopt of verkoopt voor een Evenement in een van de hieronder vermelde landen, sluit u een overeenkomst met de onderneming die naast het betreffende land is vermeld, en wordt onder “Universe” die betreffende onderneming verstaan. U wordt geacht gevestigd te zijn in hetzelfde land als het land waar uw Evenement plaatsvindt. Indien u een Host bent en niet gevestigd bent in hetzelfde land als uw Evenement, dient u contact op te nemen met support@universe.com.
Land Onderneming
Ålandeilanden Ticketmaster Suomi OY
Andorra Ticketmaster Spain S.A.U.
Oostenrijk Ticketmaster GmbH
België N.V. Ticketmaster Belgium S.A.
Denemarken Ticketmaster Danmark A/S
Finland Ticketmaster Suomi OY
Frankrijk Ticketmaster SAS
Vorstendom Liechtenstein Ticketmaster Schweiz AG
Duitsland Ticketmaster GmbH
Mexico Venta de Boletos por Computadora, S.A. de C.V.
Nederland Ticketmaster BV
Noorwegen Billettservice AS
Svalbard en Jan Mayen Billettservice AS
Spanje Ticketmaster Spain S.A.U.
Zweden Ticketmaster Sverige AB
Zwitserland Ticketmaster Schweiz AG
1.2 Ongeacht of u Koper of Host bent, regelen deze Algemene Voorwaarden uw toegang tot en gebruik van de Universe-diensten.
1.3 Woorden met een hoofdletter in deze Algemene Voorwaarden hebben de bijzondere betekenis die daaraan is toegekend in artikel 19.
1.4 Let op:
(a) Universe biedt een online platform aan ter facilitering van de verkoop en aankoop van Tickets;
(b) Universe is geen partij bij de overeenkomst tussen een Koper en een Host inzake de verkoop en aankoop van Tickets via de Universe-diensten;
(c) Universe bezit geen Tickets en stelt de Verkoopprijs niet vast;
(d) Universe controleert niet routinematig de inhoud van enige Listing of de geschiktheid daarvan voor individuele Gebruikers;
(e) Universe onderschrijft geen Gebruikers en geen Listings en behoudt zich het recht voor een Listing die zij ongepast acht op elk moment en om welke reden dan ook van de Website te verwijderen;
(f) Universe verifieert niet de identiteit of geschiktheid van Gebruikers en Gebruikers communiceren en interacteren met elkaar geheel op eigen risico.
Derhalve is Universe niet verantwoordelijk voor de Listing, het Evenement of de aangekochte Ticket(s). De levering van Tickets is de verantwoordelijkheid van de Host en Universe kan niet garanderen dat Hosts in alle gevallen Transacties zullen voltooien.
1.5 Juridisch bindende overeenkomst: Deze Algemene Voorwaarden vormen een juridisch bindende overeenkomst. U dient deze, samen met de Universe Gebruiksvoorwaarden, het Privacybeleid en het Cookiebeleid, zorgvuldig te lezen alvorens u de Universe-diensten gebruikt. Door gebruik te maken van de Universe-diensten erkent u dat u deze Algemene Voorwaarden hebt gelezen, begrepen en ermee instemt gebonden te zijn. Indien u niet akkoord gaat met deze Algemene Voorwaarden, of daaraan niet kunt voldoen, mag u de Universe-diensten niet gebruiken.
1.6 Wijzigingen van de Algemene Voorwaarden: Wij kunnen deze Algemene Voorwaarden te allen tijde wijzigen. Wanneer wij dergelijke wijzigingen aanbrengen, zullen wij de bijgewerkte versie op de Website publiceren. Wij raden u daarom aan deze Algemene Voorwaarden regelmatig te raadplegen om op de hoogte te blijven van de meest actuele versie. Op alle aankopen is de versie van de Algemene Voorwaarden van toepassing die op het moment van aankoop op de Website was gepubliceerd. Uw voortgezet gebruik van de Universe-diensten geldt als aanvaarding van de nieuwe Algemene Voorwaarden. Indien u niet akkoord gaat met de Algemene Voorwaarden of met enige gewijzigde versie daarvan, dient u het gebruik van de Universe-diensten onmiddellijk te staken, met inbegrip van het verwijderen van door u geplaatste Listings.
1.7 Contact opnemen met Universe: Indien u vragen heeft of nadere informatie wenst met betrekking tot deze Algemene Voorwaarden, kunt u contact opnemen via support@universe.com. U kunt ook de veelgestelde vragen van Universe raadplegen. Vragen of verzoeken met betrekking tot annuleringen, verplaatsingen of terugbetalingen dienen te worden gericht aan de Host via de in de Listing vermelde contactgegevens.
1.8 Contact met u: Indien wij contact met u moeten opnemen, zullen wij dit doen via het telefoonnummer of e-mailadres dat u aan uw Account hebt gekoppeld.
1.9 Uw locatie en de daarmee samenhangende wijzigingen in deze Algemene Voorwaarden: Indien lokale, nationale of internationale wet- of regelgeving in strijd is met bepalingen van deze Algemene Voorwaarden, of enige bepaling ongeldig, onwettig of onafdwingbaar maakt, beogen deze Algemene Voorwaarden niet de toepassing van dergelijke wetgeving uit te sluiten of te verhinderen. Eventuele wettelijke beschermingen, rechten of rechtsmiddelen die op u van toepassing zijn in uw woonland blijven van kracht en prevaleren boven bepalingen van deze Algemene Voorwaarden. Deze Algemene Voorwaarden beogen op geen enkele wijze afbreuk te doen aan dergelijke beschermingen, rechten of rechtsmiddelen.
B. Registratie, uw Account en Gebruikersinhoud
2. REGISTRATIE
2.1 Registratie: Om via de Universe-diensten een Listing aan te maken of Tickets te kopen, dient u:
(a) ten minste 18 jaar oud te zijn, dan wel de wettelijke meerderjarigheidsleeftijd te hebben bereikt in het land waar u woont, en in staat te zijn juridisch bindende overeenkomsten te sluiten; en
(b) een met een wachtwoord beveiligd Account aan te maken met vermelding van uw juiste volledige naam (of bedrijfsnaam indien u een onderneming bent) en e-mailadres, waarbij al uw gegevens te allen tijde actueel moeten worden gehouden. Desgewenst kunnen op een later moment aanvullende gegevens worden toegevoegd. Uw gebruikersnaam mag niet de naam van een andere persoon bevatten met de bedoeling zich voor die persoon uit te geven, noch beledigend, vulgair of obsceen zijn.
2.2 U kunt zich ook registreren door in te loggen via uw account op een Sociale-Mediasite van Derden. Houd er rekening mee dat u door verbinding te maken met de Website en de Universe-diensten via een dergelijke Sociale-Mediasite van Derden, Universe toestemming verleent om: (i) toegang te verkrijgen tot en gebruik te maken van uw informatie van die dienst voor zover die dienst dit toestaat; en (ii) uw autorisatietoegang tot die Sociale-Mediasite van Derden op te slaan.
2.3 Indien u verkoopt als “handelaar” (dat wil zeggen handelend ten behoeve van uw beroep, bedrijf, ambacht of professie), bent u verplicht potentiële kopers vóór aankoop van Tickets te voorzien van een geografisch adres, telefoonnummer en e-mailadres. Indien dit op u van toepassing is, dient u zich bij ons te registreren als Zakelijke Verkoper, zodat deze gegevens in de Listing worden opgenomen.
3. UW ACCOUNT
3.1 Wachtwoord: U bent als enige verantwoordelijk voor de beveiliging van uw wachtwoord en voor alle activiteiten die plaatsvinden via uw Account. U mag niemand anders toestaan uw Account te gebruiken. U mag toegang tot uw Account niet overdragen of verkopen. Wij zijn niet aansprakelijk voor schade in verband met openbaarmaking van uw gebruikersnaam of wachtwoord, of voor gebruik daarvan door een ander. U mag het Account van een andere Gebruiker niet gebruiken zonder diens toestemming. U zult ons onmiddellijk schriftelijk op de hoogte stellen indien u onbevoegd gebruik van uw Account of een andere beveiligingsinbreuk met betrekking tot uw Account ontdekt. Wij kunnen u verplichten uw gebruikersnaam en/of wachtwoord te wijzigen indien wij menen dat uw Account niet langer veilig is of indien wij een klacht ontvangen dat uw gebruikersnaam rechten van een ander schendt. U verwerft geen eigendomsrecht op uw Account of gebruikersnaam. Wij kunnen registratie weigeren, een Account annuleren of toegang tot de Website ontzeggen om welke reden dan ook.
3.2 Ondernemingen: Indien u deze Algemene Voorwaarden aanvaardt namens een onderneming of andere rechtspersoon, verklaart en garandeert u dat u bevoegd bent die onderneming of rechtspersoon te binden, in welk geval “u” mede op die onderneming of rechtspersoon ziet.
3.3 Financiële controles: U verleent Universe en/of een externe opdrachtnemer toestemming financiële controles uit te voeren ter verificatie van uw financiële status (waaronder geen kredietcontrole maar wel een fraudetoetsing), en stemt ermee in dat Universe daartoe uw Accountgegevens en betaalkaartgegevens aan een dergelijke derde mag verstrekken.
3.4 Privacybeleid: Raadpleeg het Privacybeleid en het Cookiebeleid van Universe voor meer informatie over de wijze waarop wij uw Universe-accountgegevens gebruiken en beschermen.
3.5 Internationaal gebruik: Uw Account kan worden gebruikt om toegang te verkrijgen tot en gebruik te maken van de Universe-diensten op de Website en op elk internationaal platform dat door Universe wordt beheerd en/of om Tickets te kopen voor Evenementen die plaatsvinden in verschillende landen. Houd er echter rekening mee dat het kopen en verkopen van Tickets voor Evenementen buiten de Europese Unie onderworpen kan zijn aan een andere of gewijzigde overeenkomst, andere wet- en regelgeving en een ander Privacybeleid.
4. GEBRUIKERSINHOUD
4.1 Gebruikersinhoud: Wij kunnen, naar eigen uitsluitend oordeel, Gebruikers toestaan profielinformatie, opmerkingen, vragen, Feedback, afbeeldingen en andere inhoud of informatie (“Gebruikersinhoud”) te plaatsen, uploaden, publiceren, indienen of verzenden. Onder Gebruikersinhoud wordt verstaan alle informatie die door Gebruikers op de Universe-diensten wordt geplaatst, verzonden of anderszins beschikbaar wordt gemaakt in verband met het aanmaken of boeken van Listings.
4.2 Garanties met betrekking tot Gebruikersinhoud: Met betrekking tot uw Gebruikersinhoud verklaart en garandeert u dat:
(a) u beschikt over de schriftelijke toestemming van iedere identificeerbare natuurlijke persoon die in de Gebruikersinhoud voorkomt om diens naam of gelijkenis te gebruiken op de wijze zoals beoogd in de Universe-diensten en deze Algemene Voorwaarden, en dat iedere dergelijke persoon u heeft gevrijwaard van iedere aansprakelijkheid die uit dergelijk gebruik kan voortvloeien;
(b) u beschikt over de schriftelijke toestemming van de fotograaf of andere rechthebbende van alle in uw Gebruikersinhoud opgenomen afbeeldingen om deze op de bedoelde wijze te gebruiken;
(c) het gebruik door Universe van uw Gebruikersinhoud overeenkomstig deze Algemene Voorwaarden en de Universe-diensten geen wet schendt en geen inbreuk maakt op rechten van derden, waaronder mede begrepen intellectuele eigendomsrechten en privacyrechten;
(d) uw Gebruikersinhoud niet onwettig, schadelijk, bedreigend, beledigend, intimiderend, onrechtmatig, lasterlijk, vulgair, obsceen, smadelijk, privacy-schendend, haatdragend of op raciale, etnische of andere wijze laakbaar is;
(e) Universe de rechten ten aanzien van uw Gebruikersinhoud die op grond van deze Algemene Voorwaarden worden verleend, mag uitoefenen zonder gehouden te zijn tot betaling van vergoedingen of royalty’s op grond van een collectieve arbeidsovereenkomst of anderszins; en
(f) voor zover u bekend, al uw Gebruikersinhoud en alle overige informatie die u aan ons verstrekt waarheidsgetrouw en juist is.
4.3 Licentieverlening voor Gebruikersinhoud: Door Gebruikersinhoud op de Universe-diensten te plaatsen, of Gebruikersinhoud te verstrekken zodat Universe of een gelieerde onderneming van Universe deze namens u kan plaatsen, verleent u uitdrukkelijk aan Universe en haar gelieerde ondernemingen — en verklaart en garandeert u dat u over alle rechten, bevoegdheden en volmachten beschikt om deze licentie te verlenen — een royaltyvrije, sublicentieerbare, overdraagbare, eeuwigdurende, onherroepelijke, niet-exclusieve, wereldwijde licentie om alle dergelijke Gebruikersinhoud, alsmede uw naam, stem en/of gelijkenis en die van derden zoals opgenomen in uw Gebruikersinhoud, geheel of gedeeltelijk en in welke vorm, media of technologie dan ook, thans bekend of later ontwikkeld, te gebruiken, te reproduceren, te wijzigen, te publiceren, te vermelden, te bewerken, te vertalen, te distribueren, te syndiceren, openbaar uit te voeren, openbaar weer te geven en daarvan afgeleide werken te maken, in verband met de Universe-diensten en de bedrijfsactiviteiten van Universe (en haar rechtsopvolgers en gelieerde ondernemingen), met inbegrip van, zonder beperking, promotie en herdistributie van geheel of gedeeltelijk de Universe-diensten (en afgeleide werken daarvan) in alle mediaformaten en via alle mediakanalen. U verleent tevens aan iedere Gebruiker van de Universe-diensten een niet-exclusieve licentie om uw Gebruikersinhoud via de Universe-diensten te raadplegen en te gebruiken, reproduceren, distribueren, weergeven en uitvoeren voor zover toegestaan door de functionaliteit van de Universe-diensten en deze Algemene Voorwaarden.
4.4 Universe en Gebruikersinhoud: Universe aanvaardt geen verantwoordelijkheid of aansprakelijkheid voor Gebruikersinhoud die door u, een andere Gebruiker of een derde wordt geplaatst of verzonden via de Universe-diensten. U bent als enige verantwoordelijk voor uw Gebruikersinhoud en de gevolgen van het plaatsen of publiceren daarvan, en u stemt ermee in dat wij uitsluitend optreden als passief doorgeefluik voor de online distributie en publicatie van uw Gebruikersinhoud. U begrijpt en aanvaardt dat u kunt worden blootgesteld aan Gebruikersinhoud die onjuist, aanstootgevend, ongeschikt voor kinderen of anderszins ongeschikt voor uw doeleinden is, en u stemt ermee in dat Universe niet aansprakelijk is voor enige schade die u daardoor lijdt of stelt te lijden.
C. Voorwaarden voor het aanbieden en verkopen van Tickets
5. EEN LISTING AANMAKEN
5.1 Verantwoordelijkheid van de Host voor de Listing: Door een Listing aan te maken via de Universe-diensten biedt een Host aan om, waar van toepassing tegen de Verkoopprijs, Ticket(s) te verkopen of te distribueren aan Kopers voor toegang tot een Evenement. Het is de verantwoordelijkheid van de Host om eventuele beperkingen met betrekking tot het Evenement of de Tickets duidelijk aan de Koper mede te delen. De Host is uitsluitend verantwoordelijk voor alle Listings die hij of zij op de Website plaatst. Wijzigingen in Listings, Evenementen en Tickets dienen zo spoedig mogelijk duidelijk aan Gebruikers en Kopers te worden meegedeeld.
5.2 Verklaring in de Listing: Een Listing vormt een juridische verklaring van de Host omtrent de voor het Ticket en het Evenement relevante details.
5.3 Contactgegevens van de Host: Iedere Host die is geregistreerd als Zakelijke Verkoper (zie artikel 2.3 hierboven) dient vóórdat Kopers Tickets aanschaffen een geografisch adres, telefoonnummer en e-mailadres aan Kopers te verstrekken. Deze gegevens dienen derhalve in de Listing te zijn opgenomen.
5.4 Keuze ten aanzien van de servicekosten: De Host kan ervoor kiezen of de Servicekosten door de Host dan wel door de Koper worden betaald (als doorbelasting van de Host aan de Koper).
5.5 Beschrijving van de Listing: De Host dient alle informatie over het Evenement in de Listing op te nemen, waaronder bijvoorbeeld:
(a) de locatie van het Evenement;
(b) de naam van het Evenement en van de artiest(en), voor zover van toepassing;
(c) de datum van het Evenement;
(d) de naam en het adres van de Locatie;
(e) het type Ticket (bijvoorbeeld zitplaats, staanplaats, tijdslot enz.);
(f) de Verkoopprijs van elk Ticket;
(g) een zaal- of plattegrond van het Evenement;
(h) of de Servicekosten al dan niet in de Verkoopprijs zijn inbegrepen;
(i) de Universe-bestelkosten per bestelling;
(j) bevestiging dat toepasselijke belastingen in de Transactiewaarde zijn inbegrepen; en, indien van toepassing, of een deel van de Verkoopprijs wordt gedoneerd aan een bepaald doel of goed doel, met vermelding van de relevante details;
(k) het restitutiebeleid, indien van toepassing;
(l) aanvullende informatie, bijzondere regels of vereisten die van toepassing zijn op het Evenement en/of de Tickets (bijvoorbeeld leeftijdsbeperkingen, toegankelijkheidsbeperkingen, beperkt zicht, familievak, alcoholbeperkingen enz.);
(m) indien van toepassing, informatie over hoe en wanneer de Koper wordt geïnformeerd of de Host de Transactie heeft goedgekeurd of niet (zie artikelen 6.2 en 14.5 hieronder);
(n) alle gegevens over de Koper die de Host tijdens het Transactieproces zal verzamelen en informatie over hoe dergelijke gegevens worden verwerkt, waaronder eventuele te verzamelen Koper-Gebruikersgegevens; en
(o) alle overige wezenlijke informatie met betrekking tot het Evenement en/of de Ticket(s) die redelijkerwijs van invloed kan zijn op de beslissing van een Koper om al dan niet een Ticket aan te schaffen of aan te vragen, met inbegrip van alle wettelijk vereiste informatie.
5.6 Naleving: Bij het aanmaken van een Listing, of wanneer Universe de Verkoper informeert dat namens hem of haar een Listing is aangemaakt, dient de Host alle toepasselijke lokale, nationale en internationale wet- en regelgeving en deze Algemene Voorwaarden na te leven. Universe aanvaardt geen verantwoordelijkheid voor de naleving door een Host van toepasselijke wet- of regelgeving.
5.7 Garanties van de Host: De Host verklaart en garandeert jegens Universe en ten behoeve van Universe dat iedere door hem of haar aangemaakte Listing:
(a) uitsluitend betrekking heeft op Tickets en Evenementen waarover die Host, direct of indirect, zeggenschap heeft en waarvoor de Host gerechtigd is Tickets te verkopen of te distribueren;
(b) juiste en transparante Ticketprijzen en informatie bevat over alle bijkomende kosten die door Kopers zullen worden gedragen;
(c) indien geboekt, zal worden nagekomen, tenzij anders met de Koper is overeengekomen;
(d) indien van toepassing, een correcte plattegrond bevat die een waarheidsgetrouwe weergave vormt van de locatie waar het Evenement plaatsvindt;
(e) geen inbreuk maakt op rechten van derden, waaronder intellectuele eigendomsrechten;
(f) niet is geplaatst door een Host die optreedt als broker, verhuuragent of listingagent voor een derde;
(g) niet dezelfde of nagenoeg dezelfde inhoud bevat als een andere Listing op de Website en niet op een andere website is gepubliceerd;
(h) op geen enkele wijze frauduleuze, onjuiste of misleidende informatie bevat;
Let op: de verkoop van gestolen of vervalste goederen is strafbaar en Universe zal dergelijke activiteiten melden aan de bevoegde lokale autoriteiten en personen die dergelijke goederen verkopen permanent uitsluiten van gebruik van de Universe-diensten.
(i) niet lasterlijk, beledigend, bedreigend of obsceen is;
(j) niet onethisch of discriminerend is op grond van leeftijd, geslacht, ras, burgerlijke staat, nationaliteit, culturele, religieuze of persoonlijke overtuigingen, handicap, seksuele gerichtheid, politieke opvatting of anderszins;
(k) Gebruikers niet tracht te bewegen gebruik te maken van een dienst van derden die concurreert met de Universe-diensten;
(l) geen toepasselijke lokale, nationale of internationale wet of regeling schendt, waaronder regels met betrekking tot liefdadigheidsdonaties;
(m) geen virus of ander programma bevat dat een computersysteem of gegevens verstoort of tracht te verstoren;
(n) niet kan worden opgevat als verbonden met een terroristische organisatie; en
(o) geen politieke campagnes, commerciële wervingen, kettingbrieven, massamailings of enige vorm van “spam” bevat.
5.8 Toepasselijke belastingen: De Host is verantwoordelijk om ervoor te zorgen dat de Transactiewaarde alle belastingen bevat die voor Listings verschuldigd zijn, waaronder btw (VAT) of andere toepasselijke lokale belastingen. Bij twijfel dient de Host advies in te winnen bij een belastingdeskundige om te bepalen welke belastingen bij de Koper in rekening moeten worden gebracht. Voor btw-geregistreerde Hosts geldt dat zij contact dienen op te nemen met support@universe.com.
5.9 Verzekering: De Host is als enige verantwoordelijk voor iedere verzekering die in verband met de Listing en het Evenement vereist kan zijn.
5.10 Annulering, verplaatsing of wijziging van een Evenement: Indien een Evenement wordt geannuleerd, verplaatst of op enige wijze gewijzigd, is dit uitsluitend de verantwoordelijkheid van de Host en dient de Host de noodzakelijke informatie duidelijk en tijdig aan Kopers te communiceren. De Listing dient door de Host te worden bijgewerkt of verwijderd; indien dit niet gebeurt, behoudt Universe zich het recht voor de Listing van de Universe-diensten te verwijderen.
5.11 Geen garantie van Universe: Universe garandeert niet dat Listings die via de Universe-diensten zijn aangemaakt binnen een bepaalde termijn na plaatsing door de Host worden gepubliceerd en actief zijn, dat zij in een bepaalde volgorde in zoekresultaten verschijnen, of dat de Ticket(s) zullen worden verkocht. Indien een Ticket niet wordt verkocht, aanvaardt Universe daarvoor geen verantwoordelijkheid.
6. VERKOOP VAN TICKETS
6.1 Voorkeuren voor betalingsverwerking: De Host kan bij het aanmaken van een Listing kiezen uit twee methoden van betalingsverwerking: Universe Payments of Stripe Payments. Nadere gegevens hierover zijn te vinden onder de voorkeuren voor betalingsverwerking. Zodra de Host voor een Listing een methode van betalingsverwerking heeft gekozen, kan die keuze later worden gewijzigd, met dien verstande dat opbrengsten uit reeds verkochte Tickets zullen worden uitbetaald via de methode die gold op het moment van verkoop.
6.2 Goedkeuringsinstellingen: Hosts kunnen een Listing zo instellen dat goedkeuring door de Host vereist is voordat een Koper een Transactie kan voltooien. In dergelijke Listings moet worden vermeld binnen welke termijn de Host de Transactie moet goedkeuren of afwijzen. Indien de Host de Transactie niet binnen die termijn bevestigt of afwijst, wordt deze automatisch geannuleerd.
6.3 Koopovereenkomst en orderbevestiging: Nadat de Host, indien vereist, goedkeuring heeft verleend, zijn partijen jegens elkaar contractueel gebonden tot voltooiing van de Transactie wanneer de Koper het verkoopproces afrondt door zijn of haar betaalgegevens in te voeren en op “nu betalen” te klikken voor betaalde Evenementen of op “registreren” voor gratis Evenementen.
6.4 Mislukte levering: Orderbevestigingen worden automatisch gegenereerd en aan de Koper verzonden zodra de Koper het betaalproces heeft voltooid. Iedere melding van een mislukte levering die de Host van een Koper ontvangt, dient door de Host zo spoedig mogelijk, en in ieder geval vóór de datum van het desbetreffende Evenement, te worden afgehandeld.
6.5 Betwiste Evenementen: Indien een Koper enig onderdeel van een Evenement of van de Transactiewaarde betwist, betreft dit een geschil tussen de Koper en de Host en heeft Universe daarbij geen betrokkenheid.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is de standaardbetaaloptie die voor Hosts beschikbaar is en waarvoor door de Host geen aparte inrichting vereist is.
7.2 Betaling aan Hosts: Mits het Evenement heeft plaatsgevonden, geen geschil is ontstaan in verband met de Transactie en op grond van de toepasselijke voorwaarden geen terugbetalingen aan enige Koper verschuldigd zijn, zal Universe de opbrengst van de Verkoopprijs die de Host uit de Transactie toekomt, via de door de Host gekozen betaalmethode uitkeren, ongeveer 48 uur na afloop van het Evenement.
7.3 Betaalgegevens: Hosts zijn verantwoordelijk voor het verstrekken van juiste bankrekeninggegevens die aan hun Account zijn gekoppeld en voor het te allen tijde actueel houden daarvan.
7.4 Accountsaldo: Hosts zullen per e-mail worden geïnformeerd zodra gelden beschikbaar zijn voor opname. Universe zal uitbetalingen aan de Host, na ontvangst van een verzoek tot opname, binnen een commercieel redelijke termijn verwerken.
7.5 Betalingen: In sommige gevallen wordt slechts uitbetaald indien het aan de Host verschuldigde bedrag ten minste het Drempelbedrag bedraagt. Niet-betaalde bedragen lager dan het Drempelbedrag worden onbeperkt overgedragen totdat het opgebouwde bedrag gelijk is aan of hoger is dan het Drempelbedrag. Indien Hosts wensen dat hun saldo in een bepaalde maand wordt uitbetaald terwijl het verschuldigde bedrag lager is dan het Drempelbedrag, dient de Host daaromtrent contact op te nemen met Universe via support@universe.com.
7.6 Opschorting van betaling: Universe behoudt zich het recht voor betalingen aan een Host op te schorten of bedragen die anderszins aan de Host verschuldigd zouden zijn te verrekenen met aan Universe verschuldigde bedragen, of met bedragen die verschuldigd zijn als gevolg van schending van deze Algemene Voorwaarden, in afwachting van een redelijk onderzoek door Universe naar een dergelijke schending, geheel naar eigen inzicht. Universe behoudt zich tevens het recht voor betalingen aan Hosts tot maximaal zes maanden te bevriezen indien zij, naar eigen inzicht, meent dat door Kopers of de Host kosten kunnen worden betwist of dat de Host, het Evenement, de Listing en/of de Tickets frauduleus lijken te zijn.
7.7 Betwiste betalingen: Indien een Host een door Universe verrichte of verschuldigde betaling betwist, dient de Host Universe daarvan schriftelijk in kennis te stellen binnen 30 dagen nadat die betaling is verricht of verschuldigd is geworden. Indien Universe niet binnen die termijn wordt geïnformeerd, doet de Host afstand van iedere aanspraak met betrekking tot die betwiste betaling.
7.8 Terugbetalingen: Indien een Host overeenkomstig deze Algemene Voorwaarden een Koper een terugbetaling toekent, maar over onvoldoende saldo in zijn of haar Universe-account beschikt om het terug te betalen bedrag te dekken, zal de Host onmiddellijk voldoende middelen aan het Universe-account toevoegen zodat Universe de terugbetaling aan de Koper kan verrichten. Universe zal geen terugbetaling verrichten zolang er onvoldoende saldo beschikbaar is in het Universe-account van de Host. De Servicekosten worden aan de Host in rekening gebracht en door Universe behouden.
8. STRIPE PAYMENTS
8.1 Stripe Payments: Door via de website van Stripe een Stripe Connect-account aan te maken, kunnen Hosts hun Account koppelen aan Stripe om betalingen voor hun Evenementen via hun eigen merchantaccount te verwerken en hun betalingen zelfstandig te beheren.
8.2 Betalingen: Onmiddellijk nadat een Transactie door de Koper is voltooid, wordt de volledige waarde van de Verkoopprijs rechtstreeks op de Stripe-rekening van de Host gestort en worden de Servicekosten en de Universe-bestelkosten per bestelling, waar van toepassing, rechtstreeks aan Universe betaald.
8.3 Terugbetalingen: Indien een Koper een terugbetaling van de Transactiewaarde verzoekt, wordt deze uitsluitend naar goeddunken van de Host en overeenkomstig deze Algemene Voorwaarden verleend. Universe aanvaardt geen aansprakelijkheid jegens Kopers; terugbetalingen zijn uitsluitend de verantwoordelijkheid van de Host.
8.4 Geschillen: Alle vragen en geschillen met betrekking tot Stripe Payments worden beheerst door de verhouding tussen Stripe en de Host, zonder enig verhaal op Universe.
9. CHARGEBACKS
9.1 Chargebacks: Eventuele chargebacks op creditcards of andere terugboekingen die, om welke reden dan ook, tegen Universe of haar gelieerde ondernemingen worden ingesteld met betrekking tot een Listing van een Host (behoudens voor zover deze uitsluitend zijn veroorzaakt door nalatigheid of opzettelijk wangedrag van Universe), alsmede alle daarmee verband houdende kosten en uitgaven van creditcardmaatschappijen, betalingsverwerkers en andere kosten die Universe of haar gelieerde ondernemingen in verband met dergelijke chargebacks maken, komen uiteindelijk voor rekening van de Host. De Host stemt ermee in Universe op eerste verzoek onverwijld en volledig voor dergelijke bedragen te vergoeden. Universe behoudt zich het recht voor naar eigen inzicht ten minste 10% van de opbrengsten van een Host in te houden ter dekking van de kosten van eventuele chargebacks. Universe aanvaardt geen aansprakelijkheid jegens de Host voor chargebacks die door een Koper worden geïnitieerd. Universe is niet verplicht een chargebackverzoek te betwisten en zal daarover naar eigen inzicht beslissen.
10. GEANNULEERDE, VERPLAATSTE EN UITGESTELDE EVENEMENTEN
10.1 Ticketruil en annulering: Tickets kunnen na aankoop niet worden geannuleerd, omgewisseld of terugbetaald, behoudens in de omstandigheden genoemd in de artikelen 10.2, 10.3 en 10.4 hieronder, of indien de Host daar naar eigen inzicht anders over beslist.
10.2 Annulering van een Evenement: Indien een Evenement volledig wordt geannuleerd (en niet wordt verplaatst), zal de Host aan de Koper de Verkoopprijs van het Ticket terugbetalen, doch niet de Servicekosten. Indien het Evenement zich over meer dan één dag uitstrekt, maar niet alle dagen worden geannuleerd, zal de Host aan de Koper een evenredige terugbetaling verstrekken voor de geannuleerde dagen.
10.3 Verplaatsing: Indien een Evenement wordt uitgesteld of verplaatst, blijven reeds gekochte Tickets geldig voor het verplaatste Evenement. De Koper kan tevens terugbetaling van de Verkoopprijs verzoeken indien hij of zij het verplaatste Evenement niet kan bijwonen, mits dit verzoek binnen een redelijke termijn na kennisgeving van de nieuwe datum of data van het Evenement bij de Host wordt ingediend. In dat geval betaalt de Host aan de Koper de Verkoopprijs van het Ticket terug, doch niet de Servicekosten.
10.4 Wezenlijke wijziging: Indien een Evenement wezenlijk wordt gewijzigd (dat wil zeggen: een wijziging, anders dan een verplaatsing, waardoor het Evenement wezenlijk afwijkt van het Evenement zoals beschreven in de Listing ten tijde van aankoop), kan de Koper terugbetaling van de Verkoopprijs verzoeken, mits dit verzoek binnen een redelijke termijn na kennisgeving van de wezenlijke wijziging bij de Host wordt ingediend. Ter voorkoming van misverstand gelden de volgende situaties niet als wezenlijke wijziging: het inzetten van understudies bij theatervoorstellingen; ongunstige weersomstandigheden; wijzigingen in voorprogramma’s; wijzigingen in individuele bandleden; wijzigingen in de line-up van een evenement met meerdere artiesten (zoals een festival); inkorting van een evenement wanneer het grootste deel van het evenement volledig is uitgevoerd; en vertragingen in de aanvang van de uitvoering van een evenement.
11. GEBRUIK EN VERZAMELING VAN GEGEVENS DOOR HOSTS
11.1 Universe verzamelt Universe-kopersgegevens als Verwerkingsverantwoordelijke. Universe zal via de Host-tools de Host-kopiegegevens aan de Host doorgeven of beschikbaar stellen.
11.2 De Host is Verwerkingsverantwoordelijke voor de Host-kopiegegevens vanaf het moment waarop deze aan de Host worden doorgegeven of beschikbaar worden gesteld.
11.3 Universe en de Host zijn afzonderlijke en onafhankelijke Verwerkingsverantwoordelijken, en iedere partij is individueel en afzonderlijk verantwoordelijk voor de naleving van haar verplichtingen als Verwerkingsverantwoordelijke onder de Wetgeving inzake Gegevensbescherming. Meer in het bijzonder geldt voor zowel Universe als de Host dat zij:
(a) verantwoordelijk zijn voor naleving van alle vereiste transparantie- en rechtmatigheidsvereisten onder de Wetgeving inzake Gegevensbescherming; en
(b) passende technische en organisatorische maatregelen treffen ter bescherming van respectievelijk de Universe-kopersgegevens en de Host-kopiegegevens tegen (i) accidentele of onrechtmatige vernietiging en (ii) verlies, wijziging, ongeoorloofde openbaarmaking van of toegang tot die gegevens.
11.4 Gegevensverwerking: Indien Universe Aanvullende Kopersgegevens verwerkt of Host-kopiegegevens namens de Host verwerkt via de Host-tools als Verwerker, zijn de artikelen 11.4 tot en met 11.7 van toepassing.
11.5 De omvang van de verwerking die Universe namens de Host verricht op grond van artikel 11.4 is als volgt:
(a) omvang: iedere verwerking van Aanvullende Kopersgegevens en/of gebruik van de Host-tools voor de verwerking van Host-kopiegegevens;
(b) duur: de looptijd van deze Algemene Voorwaarden;
(c) soorten Persoonsgegevens: naam, e-mailadres en contactgegevens; en
(d) categorieën van betrokkenen: Kopers van Listings van de Host.
11.6 Met betrekking tot de verwerking door Universe onder artikel 11.4 zal Universe:
(a) de gedocumenteerde instructies van de Host volgen voor de verwerking van Aanvullende Kopersgegevens en/of Host-kopiegegevens, waarbij verdere instructies afhankelijk zijn van overeenstemming tussen de Host en Universe;
(b) de Host informeren indien, naar het oordeel van Universe, instructies van de Host in strijd zijn met de AVG;
(c) ervoor zorgen dat personen aan wie zij toegang verleent tot dergelijke Aanvullende Kopersgegevens en/of Host-kopiegegevens gehouden zijn tot geheimhouding; en passende technische en organisatorische beveiligingsmaatregelen treffen ter bescherming tegen accidentele of onrechtmatige vernietiging, verlies, wijziging, ongeoorloofde openbaarmaking van of toegang tot dergelijke Persoonsgegevens (een “inbreuk in verband met persoonsgegevens”);
(d) de Host zonder onnodige vertraging informeren indien zij kennis krijgt van een inbreuk in verband met persoonsgegevens;
(e) de Host ondersteunen bij het beantwoorden van verzoeken van betrokkenen ter uitoefening van hun rechten onder de AVG, voor zover die ondersteuning betrekking heeft op Aanvullende Kopersgegevens en/of Host-kopiegegevens die door Universe als Verwerker worden verwerkt;
(f) de Host ondersteunen bij het nakomen van haar verplichtingen op grond van de artikelen 32 tot en met 36 AVG, voor zover die ondersteuning betrekking heeft op door Universe als Verwerker verwerkte Aanvullende Kopersgegevens en/of Host-kopiegegevens;
(g) op verzoek van de Host bewijs van naleving van de artikelen 11.4 tot en met 11.7 verstrekken en de Host in staat stellen een documentaudit van die naleving uit te voeren;
(h) geen Aanvullende Kopersgegevens en/of Host-kopiegegevens doorgeven naar een land buiten de Europese Economische Ruimte, tenzij daarvoor een rechtmatige grondslag bestaat; en
(i) bij beëindiging of afloop van deze Algemene Voorwaarden, naar keuze van de Host, dergelijke Aanvullende Kopersgegevens en/of Host-kopiegegevens onverwijld retourneren of verwijderen, tenzij Universe op grond van toepasselijk recht verplicht is deze Persoonsgegevens te bewaren.
11.7 Voor zover Universe machtiging nodig heeft om subverwerkers aan te stellen onder de Europese gegevensbeschermingswetgeving, verleent de Host Universe een algemene machtiging om huidige subverwerkers in te schakelen voor de verwerking van dergelijke Aanvullende Kopersgegevens en/of Host-kopiegegevens. Toegang tot de lijst van subverwerkers wordt op verzoek aan de Host verstrekt. Indien de Host op redelijke gronden in verband met gegevensbescherming bezwaar maakt tegen een wijziging in de vermelde subverwerkers, mag de Host het gebruik van de Universe-diensten staken. Universe zal met haar subverwerkers gegevensbeschermingsvoorwaarden overeenkomen die gelijkwaardig zijn aan de voorwaarden in deze Algemene Voorwaarden en blijft aansprakelijk voor het handelen en nalaten van haar subverwerkers.
11.8 De Host vrijwaart Universe voor alle kosten, uitgaven (waaronder juridische kosten), schade, verlies (waaronder verlies van zaken of winstderving), aansprakelijkheden, vorderingen, eisen, rechtsvorderingen of procedures die Universe kan lijden of maken als gevolg van: (i) naleving door Universe van enige instructie van de Host met betrekking tot de verwerking van Persoonsgegevens (waaronder instructies in verband met verzoeken van betrokkenen ter uitoefening van hun rechten onder de Europese gegevensbeschermingswetgeving en instructies tot bewaring, openbaarmaking, wijziging of anderszins verwerking van die gegevens); of (ii) een schending door de Host van dit artikel 11 of artikel 12.
12. HOST-TOOLS
12.1 De Universe-diensten kunnen de terbeschikkingstelling van Host-tools omvatten, waaronder apparatuur of software (inclusief software as a service). Indien Universe de Host toegang verleent tot Host-tools, zal de Host:
(a) alle bijzondere voorwaarden naleven die met betrekking tot specifieke Host-tools aan de Host worden meegedeeld;
(b) alle logins en wachtwoorden veilig bewaren en ervoor zorgen dat deze niet aan onbevoegde personen of derden worden verstrekt;
(c) passende beveiligingsprocessen en -procedures hanteren in verband met het gebruik van de Host-tools en internet, en ervoor zorgen dat alle bevoegde gebruikers in die processen en procedures zijn getraind;
(d) waar passend beschikken over een geschikte privacyverklaring en deze beschikbaar stellen aan Kopers; en
(e) als enige verantwoordelijk en aansprakelijk zijn voor alle activiteiten die met behulp van Host-tools worden verricht (hetzij door Universe namens de Host, hetzij door de Host zelf) en ervoor zorgen dat alle dergelijke activiteiten worden uitgevoerd in overeenstemming met alle toepasselijke wet- en regelgeving, waarbij de Host aansprakelijk is voor en Universe vrijwaart tegen alle verliezen die voortvloeien uit of verband houden met schendingen van die wet- en regelgeving.
12.2 Met betrekking tot Host-tools en alle materialen die met behulp van Host-tools zijn vervaardigd, zal de Host niet, en zal hij of zij derden niet toestaan om:
(a) enig handelsmerk, auteursrechtaanduiding of andere eigendomsvermelding in dergelijke Host-tools of materialen, of in kopieën, wijzigingen of gedeeltelijke kopieën daarvan, te verwijderen, te wissen, te wijzigen of anderszins te veranderen;
(b) de Host-tools te demonteren, reverse-engineeren, decompileren, opnieuw vervaardigen, repareren of daarvan afgeleide werken te maken;
(c) de Host-tools, materialen of rechten daarop of kopieën daarvan te verkopen, verhuren, overdragen, verlenen, publiceren, bekendmaken, tonen of anderszins beschikbaar te stellen aan enige persoon of rechtspersoon; of
(d) Host-tools, de servers waarop deze worden gehost of enig ander deel van het netwerk van Universe te hacken of te trachten te hacken, dan wel op enigerlei wijze beveiligingen te omzeilen of buiten de grenzen van dergelijke Host-toolservers te navigeren.
12.3 De Host erkent dat het gebruik van Host-tools geen intellectuele eigendomsrechten of andere rechten met betrekking tot de Host-tools aan de Host verleent.
12.4 De Host-tools worden aan de Host geleverd op een “as is”-basis, zonder enige garantie van welke aard dan ook, uitdrukkelijk of impliciet, waaronder garanties van verhandelbaarheid of geschiktheid voor een bepaald doel of gebruik in verband met internet of het gebruik van informatie in verband met Host-tools. De Host erkent dat elektronische communicatie en databases vatbaar zijn voor fouten, hacking, storingen, manipulatie en inbraken. Hoewel Universe zich ertoe verbindt redelijke beveiligingsmaatregelen te treffen om dergelijke gebeurtenissen te voorkomen, garandeert of waarborgt Universe niet dat dergelijke gebeurtenissen zich niet zullen voordoen.
13. HANDHAVINGSMAATREGELEN TEGEN HOSTS
13.1 Annulering: Universe behoudt zich het recht voor naar eigen uitsluitend oordeel, om welke reden dan ook en op elk moment, een Listing en/of een Transactie en/of het Account van een Host te annuleren.
D. Voorwaarden voor het kopen van Tickets
14. PRIJS EN BETALING
14.1 Verkoopprijs: De Host stelt de Verkoopprijs van het Ticket vast en kan deze te allen tijde wijzigen voordat een Transactie plaatsvindt.
14.2 Kosten/toeslagen: Wanneer een Koper één of meer Tickets selecteert voor aankoop, dienen eventuele bijkomende kosten en/of toeslagen die verband houden met het Ticket en de Transactie door de Host duidelijk te worden vermeld.
14.3 Controleer uw bestelling: Als Koper dient u vóór aankoop te controleren dat u de volledige details van de Listing hebt gelezen en tevreden bent met uw Ticketselectie. Universe zal eventuele problemen die daarna ontstaan niet corrigeren en Hosts zullen dat uitsluitend naar eigen inzicht doen.
14.4 Betalingsinformatie: De Koper verklaart en garandeert dat hij of zij bevoegd is de gekozen betaalmethode te gebruiken en dat de verstrekte factuurinformatie volledig, actueel en juist is.
14.5 Goedkeuringsinstellingen: Voor sommige Listings kan voorafgaande goedkeuring van de Host vereist zijn voordat de Koper Tickets kan aanschaffen. Dergelijke Listings vermelden de termijn waarbinnen de Host goedkeuring moet verlenen. Indien binnen die termijn geen goedkeuring wordt verleend, wordt uw bestelling geannuleerd en vindt geen afschrijving plaats.
14.6 Orderbevestiging: Zodra Kopers hun aankoop voltooien door, waar nodig, hun betaalgegevens in te voeren en te klikken op “nu betalen” voor betaalde Evenementen of “registreren” voor gratis Evenementen, wordt automatisch een Orderbevestiging aan de Koper verstrekt. Op dat moment komt tussen de Koper en de Host een bindende overeenkomst tot stand. De Orderbevestiging bevat het Ticket waarmee de Koper toegang tot het Evenement verkrijgt. Indien de Orderbevestiging niet wordt ontvangen, kan deze samen met het Ticket worden geraadpleegd via het dashboard van het Account.
14.7 Betaling: Zodra de Koper de Orderbevestiging ontvangt, stemt de Koper ermee in dat, afhankelijk van de door de Host gekozen methode van betalingsverwerking, Universe of een externe betalingsverwerker die namens de Host optreedt de Transactiewaarde afschrijft van de door de Koper opgegeven betaalmethode. Tenzij anders overeengekomen door de Host, of indien wettelijk vereist, of indien de omstandigheden als bedoeld in de artikelen 10.2, 10.3 en 10.4 zich voordoen, worden geen terugbetalingen of tegoeden verstrekt nadat de Koper is belast.
14.8 Overige Ticketvoorwaarden: Alle door de Koper aangeschafte Tickets zijn onderworpen aan de voorwaarden van het Ticket, het Evenement en de Locatie, alsmede aan alle toepasselijke wet- en regelgeving, waaronder eventuele beperkingen op doorverkoop of overdracht van Tickets.
14.9 Vragen na aankoop: Indien de Koper na aankoop van een Ticket vragen of zorgen heeft, dient de Koper rechtstreeks contact op te nemen met de Host en niet met Universe.
14.10 Donaties: Hosts kunnen toezeggen een deel van de Verkoopprijs te doneren aan een bepaald doel of goed doel. Universe heeft geen controle over dergelijke toegezegde donaties en aanvaardt daarvoor geen verantwoordelijkheid of aansprakelijkheid. Universe onderzoekt niet en waarborgt niet de feitelijke juistheid van donatieclaims die door Hosts in Listings worden gedaan.
14.11 Vreemde valuta: Universe biedt een functie waarmee Gebruikers tarieven voor diverse Listings in vreemde valuta kunnen bekijken. In vreemde valuta vermelde Verkoopprijzen zijn uitsluitend informatief. U begrijpt en aanvaardt dat dergelijke bedragen in vreemde valuta niet de officiële Verkoopprijs vormen en dat u op het moment van uw boekingsverzoek wordt geïnformeerd over de valuta waarin kosten in rekening zullen worden gebracht, samen met de bijbehorende Transactiewaarde. Betaling dient te geschieden in de valuta die bij het afrekenen wordt vermeld.
15. ANNULERING EN TERUGBETALINGEN
15.1 Annulering: Het annulerings- en restitutiebeleid voor Tickets is opgenomen in artikel 10 hierboven.
15.2 Terugbetalingen: Indien een Koper overeenkomstig deze Algemene Voorwaarden een terugbetaling wenst te verzoeken, dient de Koper contact op te nemen met de Host via de in de Listing vermelde contactgegevens. Indien de Host instemt dat een terugbetaling verschuldigd is, dient de Host die terugbetaling binnen een commercieel redelijke termijn, doorgaans binnen één week na overeenstemming over de terugbetaling, te verrichten. Indien de Host heeft gekozen voor Universe Payments, zal Universe uitsluitend terugbetalingen verrichten indien de Host daarvoor de benodigde gelden beschikbaar heeft gesteld. Servicekosten, voor zover van toepassing op de Koper, zijn mogelijk niet restitueerbaar, behoudens voor zover de wet anders vereist. De Universe-bestelkosten per bestelling zijn uitsluitend restitueerbaar in de omstandigheden genoemd in de artikelen 10.2, 10.3 en 10.4 van deze Algemene Voorwaarden. Indien tussen de Koper en de Host een geschil ontstaat over de vraag of een terugbetaling verschuldigd is, is artikel 15.3 van toepassing.
15.3 Geschillen: Indien een geschil ontstaat tussen de Koper en de Host, met inbegrip van de vraag of een terugbetaling verschuldigd is, zal de Koper de Host contacteren met vermelding van de details van het geschil en de gewenste oplossing. De Host heeft vervolgens 48 uur om de aanspraak te betwisten. Daarna geldt: (i) indien de Host het geschil niet weerspreekt, wordt door de Host een volledige terugbetaling van de Verkoopprijs aan de Koper verstrekt; of (ii) indien de Host het geschil wel weerspreekt, dienen beide partijen met elkaar in contact te treden om het geschil op te lossen en binnen 30 dagen bevestiging van die oplossing aan Universe te verstrekken. Indien binnen 30 dagen na het eerste contact van de Koper geen oplossing is bereikt, kan de Koper of de Host Universe verzoeken het geschil te beslechten, in welk geval Universe het geschil naar eigen uitsluitend en absoluut inzicht definitief zal beslechten. Universe is jegens geen van beide partijen aansprakelijk voor haar beslissing in enig geschil. Het is de verantwoordelijkheid van de Host om binnen 48 uur na een verzoek van Universe bewijs te leveren dat een Koper bij een Evenement aanwezig is geweest.
16. HANDHAVINGSMAATREGELEN TEGEN KOPERS
16.1 Annulering van Transacties: Universe behoudt zich het recht voor de Transactie van een Koper te annuleren indien zich een van de volgende omstandigheden voordoet:
(a) Universe vermoedt frauduleuze, onwettige of onethische activiteiten in verband met één of meer Transacties; en/of
(b) Universe vermoedt onbevoegd gebruik van het Account van een Koper en/of van de Universe-diensten; en/of
(c) sprake is van schending van deze Algemene Voorwaarden.
17. MERCHANDISE EN ADD-ONS
17.1 De Host is als enige verantwoordelijk voor alle verplichtingen inzake fulfilment, inwisseling en levering met betrekking tot merchandise, producten en/of aanvullende diensten die worden verpakt of verkocht in verband met Tickets voor een Evenement, alsmede voor alle daarmee verband houdende kosten. De Host vrijwaart Universe en de gelieerde ondernemingen en licentiegevers van Universe (en hun respectieve bestuurders, directeuren, werknemers, licentiegevers, opdrachtnemers, principals en vertegenwoordigers) tegen alle vorderingen, kosten (waaronder gerechtelijke kosten en redelijke juridische kosten), verplichtingen, verliezen en aansprakelijkheden die verband houden met dergelijke merchandise, producten en/of aanvullende diensten.
18. PRIVACYBELEID: Raadpleeg het Privacybeleid en het Cookiebeleid van Universe voor nadere informatie over de wijze waarop wij uw Koper-Gebruikersgegevens gebruiken en beschermen.
E. Algemene bepalingen
19. DEFINITIES EN INTERPRETATIE
19.1 In deze Algemene Voorwaarden wordt verstaan onder:
“Account”: het account dat door u is aangemaakt om gebruik te maken van de Universe-diensten.
“Aanvullende Kopersgegevens”: gegevens die de Host Universe opdraagt te verzamelen over de Kopers van die Host als onderdeel van een Listing, voor zover die gegevens niet tevens Universe-kopersgegevens zijn.
“Wetgeving inzake Gegevensbescherming”: alle van tijd tot tijd toepasselijke wetten, regels en voorschriften inzake gegevensbescherming en privacy, waaronder, zonder beperking, de volgende wetgeving (“EU-gegevensbeschermingswetgeving”): (a) Verordening 2016/679 van het Europees Parlement en de Raad betreffende de bescherming van natuurlijke personen in verband met de verwerking van persoonsgegevens en betreffende het vrije verkeer van die gegevens (Algemene Verordening Gegevensbescherming, “AVG”); (b) de richtlijn betreffende privacy en elektronische communicatie (2002/58/EG); en (c) overige toepasselijke nationale privacywetgeving die op grond van of ter uitvoering van (a) of (b) is vastgesteld, telkens zoals van tijd tot tijd gewijzigd of vervangen.
“Verwerkingsverantwoordelijke”: heeft de betekenis die daaraan wordt gegeven in de EU-gegevensbeschermingswetgeving.
“Verwerker”: heeft de betekenis die daaraan wordt gegeven in de EU-gegevensbeschermingswetgeving.
“Evenement”: ieder evenement of iedere ticketgebonden activiteit die in een Listing is beschreven en waarvoor Tickets via de Universe-diensten kunnen worden uitgegeven, gekocht of verkocht.
“Feedback”: feedback, opmerkingen en suggesties voor verbetering van de Universe-diensten die door Gebruikers worden geplaatst.
“Overmacht”: iedere oorzaak buiten de macht van Universe, waaronder mede begrepen natuurrampen, oorlog, opstand, oproer, burgerlijke onrust, terroristische daden, brand, explosie, overstroming, epidemie, diefstal van essentiële apparatuur, moedwillige beschadiging, staking, uitsluiting, weersomstandigheden, een door derden verkregen gerechtelijk verbod, nationale defensievereisten en handelingen of regelgeving van nationale of lokale overheden.
“Listing”: de door een Host aangemaakte evenement- en ticketvermelding(en) waarvoor Tickets te koop of ter distributie beschikbaar zijn en die de voor dat Evenement gecreëerde digitale inhoud omvatten.
“Orderbevestiging”: de schriftelijke bevestiging van een Transactie die automatisch aan de Koper wordt verstrekt zodra het boekingsproces is voltooid, op welk moment een juridisch bindende overeenkomst tussen die Koper en die Host tot stand komt met betrekking tot de Transactie.
“Methode van betalingsverwerking”: één van de twee methoden van betalingsverwerking, zijnde Universe Payments of Stripe Payments, voor de verkoop van Tickets via de Universe-diensten.
“Persoonsgegevens”: heeft de betekenis die daaraan wordt gegeven in de EU-gegevensbeschermingswetgeving.
“Verkoopprijs”: de prijs waarvoor de Host via de Universe-diensten een Ticket te koop aanbiedt, in GBP, EUR of een andere toepasselijke valuta, welke prijs nihil kan zijn (sommige Evenementen kunnen gratis zijn) en die alle bijkomende kosten en toeslagen omvat die door de Host kunnen worden vastgesteld, met uitzondering van de Servicekosten en de Universe-bestelkosten per bestelling.
“Host-kopiegegevens”: een kopie van dat gedeelte van de Universe-kopersgegevens dat Universe aan de Host verstrekt of beschikbaar stelt voor zover noodzakelijk voor een Listing van de Host.
“Host-tools”: apparatuur en/of software en aanverwante diensten die Universe aan de Host ter beschikking stelt als onderdeel van de Universe-diensten, zoals rapportage, e-mailbeheer of data-analyse.
“Servicekosten”: de niet-restitueerbare (behoudens voor zover wettelijk vereist) servicekosten die aan Universe verschuldigd zijn voor het aanbieden van de Universe-diensten en die, naar keuze van de Host, ofwel uitsluitend aan de Host in rekening worden gebracht (in welk geval dit bedrag door Universe wordt ingehouden vóór afwikkeling van de verkoopopbrengst) ofwel door de Host aan de Koper worden doorbelast (in welk geval dit bedrag zichtbaar is in het subtotaal op de afrekenpagina en door de Koper bovenop de Verkoopprijs als onderdeel van de totale Transactiewaarde wordt betaald). De Servicekosten zijn exclusief toepasselijke belastingen tegen het dan geldende tarief. Toepasselijke belastingen zijn aanvullend verschuldigd.
“Stripe Payments”: de koppeling met de eigen Stripe-rekening van de Host voor de verwerking van betalingen door een Koper.
“Sociale-Mediasite van Derden”: websites en applicaties van derden waarmee gebruikers inhoud kunnen creëren en delen of kunnen deelnemen aan sociale netwerken, met inbegrip van maar niet beperkt tot Facebook, Twitter en Google Chrome.
“Drempelbedrag”: £10 of het equivalent daarvan in de valuta van het land waarin u woont.
“Ticket(s)”: een elektronisch ticket of ander bewijs van het recht om plaats te nemen bij of toegang te krijgen tot een Evenement.
“Transactie”: een via de Universe-diensten verrichte transactie waarbij de Koper ermee instemt één of meer Tickets te kopen en de Host ermee instemt die te verkopen tegen de vermelde Verkoopprijs of Verkoopprijzen.
“Transactiewaarde”: het totale bedrag dat door een Koper verschuldigd is uit hoofde van een Transactie, met inbegrip van alle kosten en toeslagen als bedoeld in artikel 14.2.
“Universe-accountgegevens”: de Persoonsgegevens die u uploadt bij registratie van uw Account.
“Universe-kopersgegevens”: de gegevens die door Universe van Kopers worden verzameld als onderdeel van hun gebruik van de Universe-diensten.
“Universe Payments”: de standaardoptie voor betalingsverwerking waarbij de Transactiewaarde aan Universe wordt betaald, waarna Universe het bedrag van de Verkoopprijs aan de Host doorbetaalt.
“Universe-bestelkosten per bestelling”: voor zover van toepassing, de kosten per bestelling die door Kopers aan Universe verschuldigd zijn wanneer er in een Transactie betaalde Tickets en/of add-ons voorkomen. Dit bedrag wordt weergegeven in het subtotaal op de afrekenpagina en wordt door de Koper bovenop de Verkoopprijs en Servicekosten betaald als onderdeel van de totale Transactiewaarde. De Universe-bestelkosten per bestelling zijn inclusief eventuele toepasselijke belastingen tegen het op dat moment geldende tarief. Deze kosten zijn uitsluitend restitueerbaar in de omstandigheden genoemd in de artikelen 10.2, 10.3 en 10.4 van deze Algemene Voorwaarden.
“Universe-diensten”: alle online diensten van Universe, waaronder mede begrepen de Website, de voor download op smartphones beschikbare softwareapplicatie die een aangepaste versie van de Website bevat, alle mobiele diensten, eventuele software of hardware en alle daarmee verband houdende tools en diensten die door Universe of een met Universe gelieerde onderneming worden aangeboden.
“Locatie”: iedere plaats, faciliteit of locatie waar een Evenement wordt gehouden.
“Website”: iedere website die door Universe wordt geëxploiteerd of aangeboden, met inbegrip van iedere voor download op een smartphone beschikbare softwareapplicatie die een aangepaste versie van de Website bevat.
20. BEËINDIGING
20.1 Beëindiging door Universe: Universe behoudt zich het recht voor uw Account te beëindigen en/of enige van uw Transacties te annuleren en/of uw Listing te verwijderen en/of u het toekomstige gebruik van de Universe-diensten te ontzeggen indien:
(a) aan Universe wordt gemeld dat u of uw Account beledigend of bedreigend gedrag vertoont;
(b) Universe onbevoegd gebruik van uw Account en/of van de Universe-diensten vermoedt;
(c) Universe frauduleuze of andere onwettige activiteiten met betrekking tot uw Account vermoedt;
(d) u anderszins deze Algemene Voorwaarden schendt;
(e) Universe daartoe wordt verplicht door een lokale juridische of toezichthoudende autoriteit;
(f) u als natuurlijke persoon niet in staat bent uw schulden te voldoen naarmate deze opeisbaar worden of failliet wordt verklaard, dan wel, indien u een onderneming bent, onder bewind wordt gesteld, een vrijwillige regeling of akkoord met schuldeisers aangaat (of een soortgelijke regeling in het land waar u woont), een zekerheidsgerechtigde bezit neemt van uw eigendommen of activa, een curator of bewindvoerder over uw eigendommen of activa wordt aangesteld, of de onderneming wordt ontbonden, haar activiteiten staakt of dreigt te staken, behoudens in het kader van reconstructie; en/of
(g) Universe u naar eigen keuze een schriftelijke opzegtermijn van 30 dagen heeft gegeven.
20.2 Beëindiging door u: U kunt uw Account te allen tijde opzeggen via de functie “Account annuleren” of door een e-mail te sturen naar support@universe.com. Indien u een Host bent, dient u vóór beëindiging van uw Account alle door u verkochte Tickets voor Evenementen die nog niet hebben plaatsgevonden te annuleren, Kopers te informeren en Kopers terug te betalen indien u Stripe Payments gebruikt, dan wel Universe opdracht te geven Kopers terug te betalen indien u Universe Payments gebruikt. Houd er rekening mee dat Universe bij beëindiging van uw Account niet verplicht is Gebruikersinhoud die u op de Universe-diensten hebt geplaatst te verwijderen of aan u terug te bezorgen.
20.3 Gevolgen van beëindiging: Beëindiging van uw Account laat onverlet de rechten en verplichtingen van zowel u als Universe die zijn ontstaan vóór en met inbegrip van de datum van beëindiging, alsmede alle bepalingen die uitdrukkelijk of naar hun aard bedoeld zijn om na beëindiging van kracht te blijven.
21. REGELS VOOR DE UNIVERSE-DIENSTEN
21.1 Regels: In verband met uw gebruik van de Universe-diensten is het u niet toegestaan, en stemt u ermee in dat u niet zult:
(a) enige lokale, provinciale, nationale of andere wet of regeling, of enig gerechtelijk bevel, schenden;
(b) inbreuk maken op rechten van personen of rechtspersonen, waaronder intellectuele eigendomsrechten, privacyrechten, publiciteitsrechten of contractuele rechten;
(c) de Universe-diensten verstoren of beschadigen, onder meer door het gebruik van virussen, bots, Trojaanse paarden, schadelijke code, flood pings, denial-of-service-aanvallen, packet- of IP-spoofing, vervalste routeringsinformatie of e-mailadressen, of vergelijkbare methoden of technologie;
(d) de Universe-diensten gebruiken voor de verspreiding van ongevraagde commerciële e-mails (“spam”) of advertenties die geen verband houden met de Universe-diensten;
(e) enige andere Gebruiker te “stalken” of lastig te vallen, of persoonlijk identificeerbare informatie van een andere Gebruiker te verzamelen of op te slaan, behalve voor zover uitdrukkelijk toegestaan via de Universe-diensten;
(f) berichten indienen of links verstrekken naar berichten met materiaal dat als schadelijk, obsceen, pornografisch, seksueel expliciet, ongepast, onzedelijk, gewelddadig, beledigend, grof, beledigend, bedreigend, intimiderend, haatdragend of anderszins verwerpelijk kan worden beschouwd, afbeeldingen of gelijkenissen van personen jonger dan 18 jaar bevat, drugsgebruik (waaronder alcohol en sigaretten) aanmoedigt, afbeeldt of verheerlijkt, geweld als aanvaardbaar, aantrekkelijk of wenselijk voorstelt, of persoonlijke contactgegevens of andere persoonlijke informatie van een derde bevat;
(g) berichten indienen of links verstrekken naar berichten met materiaal dat een individu of groep lastigvalt, tot slachtoffer maakt, degradeert of intimideert op grond van religie, ras, etniciteit, seksuele gerichtheid, geslacht, leeftijd of handicap;
(h) meer dan één Account registreren of een Account registreren namens een andere persoon dan uzelf, met inbegrip van een werknemer of vertegenwoordiger van onze onderneming;
(i) zonder voorafgaande schriftelijke toestemming van Universe Hosts of andere Gebruikers werven of anderszins benaderen om gebruik te maken van diensten of websites van derden die concurreren met Universe;
(j) zich voordoen als een andere persoon of entiteit, of zichzelf of zijn of haar band met een persoon of entiteit valselijk voorstellen;
(k) geautomatiseerde scripts gebruiken om informatie te verzamelen of anderszins te interageren met de Universe-diensten;
(l) de Universe-diensten gebruiken om een Host of Koper te vinden en vervolgens de transactie buiten de Universe-diensten om af te handelen teneinde de betaling van kosten in verband met het aanbieden van de Listing door Universe te omzeilen;
(m) als Host een Listing plaatsen met valse of misleidende prijsinformatie, of een Listing plaatsen met een prijs, dienst of activiteit die u niet voornemens bent na te komen;
(n) de Universe-diensten, of enig afzonderlijk onderdeel daarvan, de naam van Universe, enig handelsmerk, logo of andere eigendomsinformatie van Universe, of de lay-out en vormgeving van enige pagina of formulier op een pagina, gebruiken, tonen, spiegelen of framen zonder uitdrukkelijke schriftelijke toestemming van Universe;
(o) toegang verkrijgen tot, knoeien met of gebruik maken van niet-openbare delen van de Universe-diensten, computersystemen van Universe of de technische leveringssystemen van aanbieders van Universe;
(p) trachten de kwetsbaarheid van enig systeem of netwerk van Universe te onderzoeken, scannen of testen, of beveiligings- of authenticatiemaatregelen te schenden;
(q) technologische maatregelen die door Universe, haar aanbieders of een andere derde (waaronder een andere Gebruiker) zijn geïmplementeerd ter bescherming van de Universe-diensten of enige daarop aanwezige inhoud, ontwijken, omzeilen, verwijderen, deactiveren, aantasten, ontsleutelen of anderszins omzeilen;
(r) software die wordt gebruikt om de Universe-diensten aan te bieden te ontcijferen, decompileren, demonteren of reverse-engineeren;
(s) Tickets reproduceren of scannen in een andere vorm of op een ander medium dan verstrekt via de Website;
(t) geautomatiseerde software of computersystemen gebruiken om Tickets, kortingscodes, promotiecodes, vouchers, cadeaubonnen of andere op de Website beschikbare artikelen te zoeken, reserveren, kopen of anderszins te verkrijgen, met inbegrip van het verzenden van informatie van uw computer naar een andere computer waarop dergelijke software of systemen actief zijn; en/of
(u) een derde aanmoedigen, ondersteunen of helpen een van het voorgaande te doen.
21.2 Rechtsmaatregelen: Universe behoudt zich het recht voor onderzoek te doen naar en passende rechtsmaatregelen te nemen tegen iedere onwettige en/of ongeoorloofde vorm van gebruik van de Universe-diensten. Universe kan lokale handhavingsautoriteiten inschakelen en met hen samenwerken bij de vervolging van Gebruikers die deze Algemene Voorwaarden schenden, waaronder door middel van civielrechtelijke, strafrechtelijke en voorlopige voorzieningen. U stemt ermee in dat een geldelijke schadevergoeding voor Universe mogelijk geen afdoende rechtsmiddel biedt en dat Universe gerechtigd is om een verbod of andere voorziening te vorderen in geval van schending van deze Voorwaarden. Indien Universe vaststelt dat u deze Voorwaarden of enige lokale of nationale wet hebt geschonden, of om welke andere reden dan ook, of zonder opgaaf van reden, kan Universe uw Account annuleren, al uw Gebruikersinhoud verwijderen en u te allen tijde zonder voorafgaande kennisgeving de toegang tot de Website ontzeggen. Indien dat gebeurt, mag u de Universe-diensten of de Website niet langer gebruiken. U blijft evenwel gebonden aan uw verplichtingen onder deze Voorwaarden. U stemt ermee in dat Universe niet aansprakelijk is jegens u of enige derde voor beëindiging van uw toegang tot de Website of uw Account of daaraan gerelateerde informatie, en dat Universe niet verplicht is de Website, uw Account of daarmee verband houdende informatie aan u beschikbaar te houden.
22. GARANTIES EN VRIJWARINGEN
22.1 Juiste informatie: U verklaart en garandeert dat de informatie die u aan Universe verstrekt voor uw Account en in het kader van uw gebruik van de Universe-diensten waarheidsgetrouw, juist en volledig is, en dat u bij het gebruik van de Universe-diensten geen valse informatie, waaronder naam en e-mailadres, zult gebruiken.
22.2 Naleving van de wet: U verklaart en garandeert dat u bij het gebruik van de Universe-diensten alle toepasselijke lokale, regionale, nationale en internationale wetten, regels, gedragscodes en deze Algemene Voorwaarden zult naleven. Voorts garandeert u dat u 18 jaar of ouder bent en juridisch bindende overeenkomsten kunt sluiten.
22.3 Fiscale vrijwaring: U stemt ermee in dat Universe op geen enkele wijze verantwoordelijk is voor de juistheid of geschiktheid van enige betaling van belastingen aan een entiteit namens u (als Koper en/of Host). Indien u bij gebruik van de Universe-diensten handelt als onderneming, vrijwaart u Universe hierbij tegen alle aansprakelijkheden, kosten, rente en uitgaven (waaronder redelijke juridische kosten) die Universe maakt als gevolg van een vordering van een derde of van een overheidsinstantie die betrekking heeft op enige lokale, regionale, nationale of internationale fiscale verplichting of bedragen die verschuldigd zijn op grond van fiscale regelgeving, verordeningen, wetgeving of decreten, of enig geschil over de fiscale status van Universe.
22.4 Algemene vrijwaring: U stemt ermee in Universe en haar moedermaatschappijen, gelieerde ondernemingen, leveranciers, adverteerders en sponsors, alsmede hun respectieve functionarissen, bestuurders, werknemers, vertegenwoordigers, juridische adviseurs en onderaannemers (de “Gevrijwaarde Partijen”) te vrijwaren en schadeloos te stellen tegen iedere vordering of eis en alle aansprakelijkheden, kosten en uitgaven (waaronder redelijke juridische kosten) die een Gevrijwaarde Partij lijdt of maakt als gevolg van of in verband met uw gebruik van de Website, schending van deze Algemene Voorwaarden (waaronder misbruik van de Universe-diensten) en/of uw schending van enige wet of rechten van derden. Wij behouden ons het recht voor de exclusieve controle en verdediging van enige vordering op ons te nemen, en u zult ons volledig medewerking verlenen bij het voeren van beschikbare verweren.
23. AANSPRAKELIJKHEID
23.1 Uitsluiting door Universe: Gelet op de aard van de activiteiten van Universe, en op het feit dat Universe geen controle heeft over handelingen of nalatigheden van Gebruikers, geeft Universe geen enkele garantie en wijst zij in het bijzonder iedere aansprakelijkheid af met betrekking tot goederen of diensten die door Hosts worden geleverd.
23.2 Deelname aan Evenementen: Universe is onder geen enkele omstandigheid aansprakelijk voor overlijden of persoonlijk letsel dat door u of uw gasten wordt geleden als gevolg van het bijwonen van een Evenement, tenzij dit rechtstreeks is veroorzaakt door nalatigheid van Universe. Evenmin is Universe aansprakelijk voor enig verlies van of schade aan uw eigendommen of bezittingen, dan wel die van uw gasten die een Evenement bijwonen.
23.3 Aansprakelijkheid van Universe: U stemt ermee in dat u geen aanspraak heeft jegens Universe voor handelingen van enige andere Gebruiker van de Universe-diensten (Kopers of Hosts), ongeacht of die handelingen nalatig of opzettelijk zijn, en evenmin in verband met enige Listing, Evenement of Transactie, behoudens voor zover Universe zelf een verwijt treft. Indien een geschil ontstaat tussen een Koper en een Host, ontslaat u Universe (en haar gelieerde ondernemingen, moedermaatschappijen, dochtermaatschappijen en hun respectieve functionarissen, bestuurders, werknemers, vertegenwoordigers, juridische adviseurs en onderaannemers) van alle vorderingen, eisen en schadevergoedingen (daadwerkelijk en gevolgschade) van welke aard ook, bekend of onbekend, bekendgemaakt of niet bekendgemaakt, die voortvloeien uit of op enigerlei wijze verband houden met dat geschil.
23.4 Uitsluiting van aansprakelijkheid: Voor zover maximaal toegestaan op grond van lokale, nationale of internationale wetgeving, is Universe (en haar gelieerde ondernemingen, moedermaatschappijen, dochtermaatschappijen en hun respectieve functionarissen, bestuurders, werknemers, vertegenwoordigers, juridische adviseurs en onderaannemers) jegens u niet aansprakelijk uit overeenkomst of onrechtmatige daad (waaronder nalatigheid) voor enige indirecte schade, gevolgschade of bedrijfsschade, zoals verlies van gegevens, winst, omzet, goodwill, reputatie, gebruiksgenot of kansen, noch voor enige exemplaire, bijzondere of punitieve schade die niet redelijkerwijs voorzienbaar was en die direct of indirect voortvloeit uit uw toegang tot, gebruik van, of onvermogen tot gebruik van de Universe-diensten. Niets in deze Algemene Voorwaarden beperkt of sluit de aansprakelijkheid van Universe uit voor fraude of bedrieglijke misleiding, of voor overlijden of persoonlijk letsel als gevolg van nalatigheid van Universe, of voor enige andere aansprakelijkheid die op grond van lokale, nationale of internationale wetgeving niet kan worden beperkt of uitgesloten. Evenmin doet iets in deze Algemene Voorwaarden afbreuk aan rechten of rechtsmiddelen van een Gebruiker op grond van toepasselijk consumentenrecht.
23.5 Aansprakelijkheidslimiet: Onverminderd de overige bepalingen van dit artikel 23 geldt dat, indien Universe aansprakelijk wordt geacht, de totale aansprakelijkheid van Universe jegens u (anders dan aansprakelijkheid die op grond van toepasselijke lokale, nationale of internationale wetgeving niet kan worden beperkt of uitgesloten) is beperkt tot de Transactiewaarde van de Transactie die aanleiding gaf tot die aansprakelijkheid.
23.6 Overmacht: Universe is jegens u niet aansprakelijk voor het niet nakomen van enige verplichting uit hoofde van deze Algemene Voorwaarden voor zover die niet-nakoming het gevolg is van Overmacht.
24. GESCHILLENBESLECHTING
24.1 Indien een geschil ontstaat uit deze Algemene Voorwaarden of uit enige Transactie op grond daarvan, dient u contact op te nemen met de klantenservice, die zal trachten de kwestie zo spoedig mogelijk op te lossen. Uw klacht zal zo spoedig mogelijk door Universe worden bevestigd.
24.2 Universe zal redelijke inspanningen verrichten om in goed overleg of door onderhandeling tot een billijke en voor u en Universe bevredigende oplossing te komen.
24.3 In het onwaarschijnlijke geval dat wij uw klacht niet binnen 28 dagen door onderhandeling kunnen oplossen, kunnen wij trachten de kwestie via mediation te beslechten. Om mediation te initiëren, dient een partij de andere partij schriftelijk in kennis te stellen van het verzoek tot mediation. De mediation zal plaatsvinden overeenkomstig de procedure van enige lokale zelfregulerende ticketorganisatie, of, indien die ontbreekt, overeenkomstig de ten tijde van de verwijzing geldende UK STAR Code of Practice and Dispute Resolution Procedure, waarin de toe te passen procedures, het selectieproces van de mediator en de betrokken kosten zijn geregeld en welke bepalingen geacht worden deel uit te maken van deze Algemene Voorwaarden.
24.4 Het voorgaande beperkt niet uw wettelijke rechten, uw recht om een klacht in te dienen bij Trading Standards (of het lokale equivalent) of een andere bevoegde lokale of nationale toezichthouder, noch uw recht om een gerechtelijke procedure te starten of andere vormen van geschillenbeslechting te benutten, zoals het Europees platform voor onlinegeschillenbeslechting, via welk portaal u een klacht kunt indienen bij een geregistreerde aanbieder van alternatieve geschillenbeslechting met als doel het geschil op te lossen.
25. ALGEMEEN
25.1 Toepasselijke belastingen: Als Gebruiker van de Universe-diensten stemt u ermee in dat u als enige verantwoordelijk bent voor het bepalen van uw toepasselijke lokale fiscale rapportageverplichtingen, in overleg met uw belastingadviseurs. Universe kan en zal geen fiscaal advies aan Gebruikers verstrekken. Daarnaast dient iedere Host zelf te bepalen welke lokale indirecte belastingen van toepassing zijn en toepasselijke belastingen die moeten worden geïnd of verplichtingen met betrekking tot toepasselijke belastingen in Listings op te nemen. U bent tevens verantwoordelijk voor betaling van alle lokale of nationale overheidsbelastingen die worden geheven over uw aankoop van of gebruik van de Universe-diensten, waaronder begrepen omzetbelasting, gebruiksbelasting of btw (of het lokale equivalent). Voor zover Universe verplicht is dergelijke belastingen te innen, zal de toepasselijke belasting aan uw factureringsaccount worden toegevoegd en zal Universe, indien wettelijk vereist, op verzoek van een Host een ontvangstbewijs verstrekken.
25.2 Afstand van recht: Indien Universe de handhaving van enige bepaling van deze Algemene Voorwaarden uitstelt of nalaat, betekent dit niet dat Universe afstand doet van haar recht deze bepaling alsnog te handhaven.
25.3 Overdracht: Universe is gerechtigd haar rechten en verplichtingen uit hoofde van deze Algemene Voorwaarden over te dragen, mits uw rechten daardoor niet nadelig worden beïnvloed.
25.4 Scheidbaarheid: Indien een rechter bepaalt dat enige bepaling van deze Algemene Voorwaarden om welke reden dan ook ongeldig of onafdwingbaar is, laat dat de overige bepalingen onverlet; deze blijven volledig van kracht en functioneren afzonderlijk voort.
25.5 Onwettigheid: Indien enige bepaling van deze Algemene Voorwaarden op grond van het recht van een bepaald rechtsgebied onwettig, ongeldig of onafdwingbaar is of wordt, tast dit de rechtmatigheid, geldigheid of afdwingbaarheid van enige andere bepaling van deze Algemene Voorwaarden in dat rechtsgebied niet aan.
25.6 Geen partnerschap/vertegenwoordiging: Niets in deze Algemene Voorwaarden en geen handeling van u of Universe op grond daarvan schept of wordt geacht te scheppen een vennootschap, joint venture, principaal-agentrelatie of enige andere rechtsverhouding tussen u en Universe anders dan de rechtsverhouding die hierin uitdrukkelijk is omschreven.
25.7 Kennisgevingen: Een kennisgeving op grond van deze Algemene Voorwaarden wordt geacht te zijn ontvangen op het moment van aflevering (indien bezorgd per hand, aangetekende post of koerier) of op het moment van verzending (indien verzonden per e-mail en geen foutmelding wordt ontvangen).
25.8 Toepasselijk recht en bevoegde rechter: Op deze Algemene Voorwaarden is in alle opzichten het recht van toepassing van het land waar het Evenement waarvoor u Tickets koopt plaatsvindt, met uitsluiting van de conflictenrechtelijke regels van dat land. Partijen onderwerpen zich aan de niet-exclusieve bevoegdheid van de gerechten van dat land.
A. Inleiding en kernbegrippen
1. DEZE ALGEMENE VOORWAARDEN
1.1 Behoudens voor zover hieronder anders is bepaald, sluit u (“Gebruiker”, “u”, “uw”) een overeenkomst met Universe Experiences, Inc. (“Universe”), ongeacht of u de Universe-diensten gebruikt om Tickets te kopen (“Koper”) of Tickets te verkopen (“Host”), tenzij Universe u anders informeert. Indien u Tickets koopt of verkoopt voor een Evenement in een van de hieronder vermelde landen, sluit u een overeenkomst met de onderneming die naast het betreffende land is vermeld, en wordt onder “Universe” die betreffende onderneming verstaan. U wordt geacht gevestigd te zijn in hetzelfde land als het land waar uw Evenement plaatsvindt. Indien u een Host bent en niet gevestigd bent in hetzelfde land als uw Evenement, dient u contact op te nemen met support@universe.com.
Land Onderneming
Ålandeilanden Ticketmaster Suomi OY
Andorra Ticketmaster Spain S.A.U.
Oostenrijk Ticketmaster GmbH
België N.V. Ticketmaster Belgium S.A.
Denemarken Ticketmaster Danmark A/S
Finland Ticketmaster Suomi OY
Frankrijk Ticketmaster SAS
Vorstendom Liechtenstein Ticketmaster Schweiz AG
Duitsland Ticketmaster GmbH
Mexico Venta de Boletos por Computadora, S.A. de C.V.
Nederland Ticketmaster BV
Noorwegen Billettservice AS
Svalbard en Jan Mayen Billettservice AS
Spanje Ticketmaster Spain S.A.U.
Zweden Ticketmaster Sverige AB
Zwitserland Ticketmaster Schweiz AG
1.2 Ongeacht of u Koper of Host bent, regelen deze Algemene Voorwaarden uw toegang tot en gebruik van de Universe-diensten.
1.3 Woorden met een hoofdletter in deze Algemene Voorwaarden hebben de bijzondere betekenis die daaraan is toegekend in artikel 19.
1.4 Let op:
(a) Universe biedt een online platform aan ter facilitering van de verkoop en aankoop van Tickets;
(b) Universe is geen partij bij de overeenkomst tussen een Koper en een Host inzake de verkoop en aankoop van Tickets via de Universe-diensten;
(c) Universe bezit geen Tickets en stelt de Verkoopprijs niet vast;
(d) Universe controleert niet routinematig de inhoud van enige Listing of de geschiktheid daarvan voor individuele Gebruikers;
(e) Universe onderschrijft geen Gebruikers en geen Listings en behoudt zich het recht voor een Listing die zij ongepast acht op elk moment en om welke reden dan ook van de Website te verwijderen;
(f) Universe verifieert niet de identiteit of geschiktheid van Gebruikers en Gebruikers communiceren en interacteren met elkaar geheel op eigen risico.
Derhalve is Universe niet verantwoordelijk voor de Listing, het Evenement of de aangekochte Ticket(s). De levering van Tickets is de verantwoordelijkheid van de Host en Universe kan niet garanderen dat Hosts in alle gevallen Transacties zullen voltooien.
1.5 Juridisch bindende overeenkomst: Deze Algemene Voorwaarden vormen een juridisch bindende overeenkomst. U dient deze, samen met de Universe Gebruiksvoorwaarden, het Privacybeleid en het Cookiebeleid, zorgvuldig te lezen alvorens u de Universe-diensten gebruikt. Door gebruik te maken van de Universe-diensten erkent u dat u deze Algemene Voorwaarden hebt gelezen, begrepen en ermee instemt gebonden te zijn. Indien u niet akkoord gaat met deze Algemene Voorwaarden, of daaraan niet kunt voldoen, mag u de Universe-diensten niet gebruiken.
1.6 Wijzigingen van de Algemene Voorwaarden: Wij kunnen deze Algemene Voorwaarden te allen tijde wijzigen. Wanneer wij dergelijke wijzigingen aanbrengen, zullen wij de bijgewerkte versie op de Website publiceren. Wij raden u daarom aan deze Algemene Voorwaarden regelmatig te raadplegen om op de hoogte te blijven van de meest actuele versie. Op alle aankopen is de versie van de Algemene Voorwaarden van toepassing die op het moment van aankoop op de Website was gepubliceerd. Uw voortgezet gebruik van de Universe-diensten geldt als aanvaarding van de nieuwe Algemene Voorwaarden. Indien u niet akkoord gaat met de Algemene Voorwaarden of met enige gewijzigde versie daarvan, dient u het gebruik van de Universe-diensten onmiddellijk te staken, met inbegrip van het verwijderen van door u geplaatste Listings.
1.7 Contact opnemen met Universe: Indien u vragen heeft of nadere informatie wenst met betrekking tot deze Algemene Voorwaarden, kunt u contact opnemen via support@universe.com. U kunt ook de veelgestelde vragen van Universe raadplegen. Vragen of verzoeken met betrekking tot annuleringen, verplaatsingen of terugbetalingen dienen te worden gericht aan de Host via de in de Listing vermelde contactgegevens.
1.8 Contact met u: Indien wij contact met u moeten opnemen, zullen wij dit doen via het telefoonnummer of e-mailadres dat u aan uw Account hebt gekoppeld.
1.9 Uw locatie en de daarmee samenhangende wijzigingen in deze Algemene Voorwaarden: Indien lokale, nationale of internationale wet- of regelgeving in strijd is met bepalingen van deze Algemene Voorwaarden, of enige bepaling ongeldig, onwettig of onafdwingbaar maakt, beogen deze Algemene Voorwaarden niet de toepassing van dergelijke wetgeving uit te sluiten of te verhinderen. Eventuele wettelijke beschermingen, rechten of rechtsmiddelen die op u van toepassing zijn in uw woonland blijven van kracht en prevaleren boven bepalingen van deze Algemene Voorwaarden. Deze Algemene Voorwaarden beogen op geen enkele wijze afbreuk te doen aan dergelijke beschermingen, rechten of rechtsmiddelen.
B. Registratie, uw Account en Gebruikersinhoud
2. REGISTRATIE
2.1 Registratie: Om via de Universe-diensten een Listing aan te maken of Tickets te kopen, dient u:
(a) ten minste 18 jaar oud te zijn, dan wel de wettelijke meerderjarigheidsleeftijd te hebben bereikt in het land waar u woont, en in staat te zijn juridisch bindende overeenkomsten te sluiten; en
(b) een met een wachtwoord beveiligd Account aan te maken met vermelding van uw juiste volledige naam (of bedrijfsnaam indien u een onderneming bent) en e-mailadres, waarbij al uw gegevens te allen tijde actueel moeten worden gehouden. Desgewenst kunnen op een later moment aanvullende gegevens worden toegevoegd. Uw gebruikersnaam mag niet de naam van een andere persoon bevatten met de bedoeling zich voor die persoon uit te geven, noch beledigend, vulgair of obsceen zijn.
2.2 U kunt zich ook registreren door in te loggen via uw account op een Sociale-Mediasite van Derden. Houd er rekening mee dat u door verbinding te maken met de Website en de Universe-diensten via een dergelijke Sociale-Mediasite van Derden, Universe toestemming verleent om: (i) toegang te verkrijgen tot en gebruik te maken van uw informatie van die dienst voor zover die dienst dit toestaat; en (ii) uw autorisatietoegang tot die Sociale-Mediasite van Derden op te slaan.
2.3 Indien u verkoopt als “handelaar” (dat wil zeggen handelend ten behoeve van uw beroep, bedrijf, ambacht of professie), bent u verplicht potentiële kopers vóór aankoop van Tickets te voorzien van een geografisch adres, telefoonnummer en e-mailadres. Indien dit op u van toepassing is, dient u zich bij ons te registreren als Zakelijke Verkoper, zodat deze gegevens in de Listing worden opgenomen.
3. UW ACCOUNT
3.1 Wachtwoord: U bent als enige verantwoordelijk voor de beveiliging van uw wachtwoord en voor alle activiteiten die plaatsvinden via uw Account. U mag niemand anders toestaan uw Account te gebruiken. U mag toegang tot uw Account niet overdragen of verkopen. Wij zijn niet aansprakelijk voor schade in verband met openbaarmaking van uw gebruikersnaam of wachtwoord, of voor gebruik daarvan door een ander. U mag het Account van een andere Gebruiker niet gebruiken zonder diens toestemming. U zult ons onmiddellijk schriftelijk op de hoogte stellen indien u onbevoegd gebruik van uw Account of een andere beveiligingsinbreuk met betrekking tot uw Account ontdekt. Wij kunnen u verplichten uw gebruikersnaam en/of wachtwoord te wijzigen indien wij menen dat uw Account niet langer veilig is of indien wij een klacht ontvangen dat uw gebruikersnaam rechten van een ander schendt. U verwerft geen eigendomsrecht op uw Account of gebruikersnaam. Wij kunnen registratie weigeren, een Account annuleren of toegang tot de Website ontzeggen om welke reden dan ook.
3.2 Ondernemingen: Indien u deze Algemene Voorwaarden aanvaardt namens een onderneming of andere rechtspersoon, verklaart en garandeert u dat u bevoegd bent die onderneming of rechtspersoon te binden, in welk geval “u” mede op die onderneming of rechtspersoon ziet.
3.3 Financiële controles: U verleent Universe en/of een externe opdrachtnemer toestemming financiële controles uit te voeren ter verificatie van uw financiële status (waaronder geen kredietcontrole maar wel een fraudetoetsing), en stemt ermee in dat Universe daartoe uw Accountgegevens en betaalkaartgegevens aan een dergelijke derde mag verstrekken.
3.4 Privacybeleid: Raadpleeg het Privacybeleid en het Cookiebeleid van Universe voor meer informatie over de wijze waarop wij uw Universe-accountgegevens gebruiken en beschermen.
3.5 Internationaal gebruik: Uw Account kan worden gebruikt om toegang te verkrijgen tot en gebruik te maken van de Universe-diensten op de Website en op elk internationaal platform dat door Universe wordt beheerd en/of om Tickets te kopen voor Evenementen die plaatsvinden in verschillende landen. Houd er echter rekening mee dat het kopen en verkopen van Tickets voor Evenementen buiten de Europese Unie onderworpen kan zijn aan een andere of gewijzigde overeenkomst, andere wet- en regelgeving en een ander Privacybeleid.
4. GEBRUIKERSINHOUD
4.1 Gebruikersinhoud: Wij kunnen, naar eigen uitsluitend oordeel, Gebruikers toestaan profielinformatie, opmerkingen, vragen, Feedback, afbeeldingen en andere inhoud of informatie (“Gebruikersinhoud”) te plaatsen, uploaden, publiceren, indienen of verzenden. Onder Gebruikersinhoud wordt verstaan alle informatie die door Gebruikers op de Universe-diensten wordt geplaatst, verzonden of anderszins beschikbaar wordt gemaakt in verband met het aanmaken of boeken van Listings.
4.2 Garanties met betrekking tot Gebruikersinhoud: Met betrekking tot uw Gebruikersinhoud verklaart en garandeert u dat:
(a) u beschikt over de schriftelijke toestemming van iedere identificeerbare natuurlijke persoon die in de Gebruikersinhoud voorkomt om diens naam of gelijkenis te gebruiken op de wijze zoals beoogd in de Universe-diensten en deze Algemene Voorwaarden, en dat iedere dergelijke persoon u heeft gevrijwaard van iedere aansprakelijkheid die uit dergelijk gebruik kan voortvloeien;
(b) u beschikt over de schriftelijke toestemming van de fotograaf of andere rechthebbende van alle in uw Gebruikersinhoud opgenomen afbeeldingen om deze op de bedoelde wijze te gebruiken;
(c) het gebruik door Universe van uw Gebruikersinhoud overeenkomstig deze Algemene Voorwaarden en de Universe-diensten geen wet schendt en geen inbreuk maakt op rechten van derden, waaronder mede begrepen intellectuele eigendomsrechten en privacyrechten;
(d) uw Gebruikersinhoud niet onwettig, schadelijk, bedreigend, beledigend, intimiderend, onrechtmatig, lasterlijk, vulgair, obsceen, smadelijk, privacy-schendend, haatdragend of op raciale, etnische of andere wijze laakbaar is;
(e) Universe de rechten ten aanzien van uw Gebruikersinhoud die op grond van deze Algemene Voorwaarden worden verleend, mag uitoefenen zonder gehouden te zijn tot betaling van vergoedingen of royalty’s op grond van een collectieve arbeidsovereenkomst of anderszins; en
(f) voor zover u bekend, al uw Gebruikersinhoud en alle overige informatie die u aan ons verstrekt waarheidsgetrouw en juist is.
4.3 Licentieverlening voor Gebruikersinhoud: Door Gebruikersinhoud op de Universe-diensten te plaatsen, of Gebruikersinhoud te verstrekken zodat Universe of een gelieerde onderneming van Universe deze namens u kan plaatsen, verleent u uitdrukkelijk aan Universe en haar gelieerde ondernemingen — en verklaart en garandeert u dat u over alle rechten, bevoegdheden en volmachten beschikt om deze licentie te verlenen — een royaltyvrije, sublicentieerbare, overdraagbare, eeuwigdurende, onherroepelijke, niet-exclusieve, wereldwijde licentie om alle dergelijke Gebruikersinhoud, alsmede uw naam, stem en/of gelijkenis en die van derden zoals opgenomen in uw Gebruikersinhoud, geheel of gedeeltelijk en in welke vorm, media of technologie dan ook, thans bekend of later ontwikkeld, te gebruiken, te reproduceren, te wijzigen, te publiceren, te vermelden, te bewerken, te vertalen, te distribueren, te syndiceren, openbaar uit te voeren, openbaar weer te geven en daarvan afgeleide werken te maken, in verband met de Universe-diensten en de bedrijfsactiviteiten van Universe (en haar rechtsopvolgers en gelieerde ondernemingen), met inbegrip van, zonder beperking, promotie en herdistributie van geheel of gedeeltelijk de Universe-diensten (en afgeleide werken daarvan) in alle mediaformaten en via alle mediakanalen. U verleent tevens aan iedere Gebruiker van de Universe-diensten een niet-exclusieve licentie om uw Gebruikersinhoud via de Universe-diensten te raadplegen en te gebruiken, reproduceren, distribueren, weergeven en uitvoeren voor zover toegestaan door de functionaliteit van de Universe-diensten en deze Algemene Voorwaarden.
4.4 Universe en Gebruikersinhoud: Universe aanvaardt geen verantwoordelijkheid of aansprakelijkheid voor Gebruikersinhoud die door u, een andere Gebruiker of een derde wordt geplaatst of verzonden via de Universe-diensten. U bent als enige verantwoordelijk voor uw Gebruikersinhoud en de gevolgen van het plaatsen of publiceren daarvan, en u stemt ermee in dat wij uitsluitend optreden als passief doorgeefluik voor de online distributie en publicatie van uw Gebruikersinhoud. U begrijpt en aanvaardt dat u kunt worden blootgesteld aan Gebruikersinhoud die onjuist, aanstootgevend, ongeschikt voor kinderen of anderszins ongeschikt voor uw doeleinden is, en u stemt ermee in dat Universe niet aansprakelijk is voor enige schade die u daardoor lijdt of stelt te lijden.
C. Voorwaarden voor het aanbieden en verkopen van Tickets
5. EEN LISTING AANMAKEN
5.1 Verantwoordelijkheid van de Host voor de Listing: Door een Listing aan te maken via de Universe-diensten biedt een Host aan om, waar van toepassing tegen de Verkoopprijs, Ticket(s) te verkopen of te distribueren aan Kopers voor toegang tot een Evenement. Het is de verantwoordelijkheid van de Host om eventuele beperkingen met betrekking tot het Evenement of de Tickets duidelijk aan de Koper mede te delen. De Host is uitsluitend verantwoordelijk voor alle Listings die hij of zij op de Website plaatst. Wijzigingen in Listings, Evenementen en Tickets dienen zo spoedig mogelijk duidelijk aan Gebruikers en Kopers te worden meegedeeld.
5.2 Verklaring in de Listing: Een Listing vormt een juridische verklaring van de Host omtrent de voor het Ticket en het Evenement relevante details.
5.3 Contactgegevens van de Host: Iedere Host die is geregistreerd als Zakelijke Verkoper (zie artikel 2.3 hierboven) dient vóórdat Kopers Tickets aanschaffen een geografisch adres, telefoonnummer en e-mailadres aan Kopers te verstrekken. Deze gegevens dienen derhalve in de Listing te zijn opgenomen.
5.4 Keuze ten aanzien van de servicekosten: De Host kan ervoor kiezen of de Servicekosten door de Host dan wel door de Koper worden betaald (als doorbelasting van de Host aan de Koper).
5.5 Beschrijving van de Listing: De Host dient alle informatie over het Evenement in de Listing op te nemen, waaronder bijvoorbeeld:
(a) de locatie van het Evenement;
(b) de naam van het Evenement en van de artiest(en), voor zover van toepassing;
(c) de datum van het Evenement;
(d) de naam en het adres van de Locatie;
(e) het type Ticket (bijvoorbeeld zitplaats, staanplaats, tijdslot enz.);
(f) de Verkoopprijs van elk Ticket;
(g) een zaal- of plattegrond van het Evenement;
(h) of de Servicekosten al dan niet in de Verkoopprijs zijn inbegrepen;
(i) de Universe-bestelkosten per bestelling;
(j) bevestiging dat toepasselijke belastingen in de Transactiewaarde zijn inbegrepen; en, indien van toepassing, of een deel van de Verkoopprijs wordt gedoneerd aan een bepaald doel of goed doel, met vermelding van de relevante details;
(k) het restitutiebeleid, indien van toepassing;
(l) aanvullende informatie, bijzondere regels of vereisten die van toepassing zijn op het Evenement en/of de Tickets (bijvoorbeeld leeftijdsbeperkingen, toegankelijkheidsbeperkingen, beperkt zicht, familievak, alcoholbeperkingen enz.);
(m) indien van toepassing, informatie over hoe en wanneer de Koper wordt geïnformeerd of de Host de Transactie heeft goedgekeurd of niet (zie artikelen 6.2 en 14.5 hieronder);
(n) alle gegevens over de Koper die de Host tijdens het Transactieproces zal verzamelen en informatie over hoe dergelijke gegevens worden verwerkt, waaronder eventuele te verzamelen Koper-Gebruikersgegevens; en
(o) alle overige wezenlijke informatie met betrekking tot het Evenement en/of de Ticket(s) die redelijkerwijs van invloed kan zijn op de beslissing van een Koper om al dan niet een Ticket aan te schaffen of aan te vragen, met inbegrip van alle wettelijk vereiste informatie.
5.6 Naleving: Bij het aanmaken van een Listing, of wanneer Universe de Verkoper informeert dat namens hem of haar een Listing is aangemaakt, dient de Host alle toepasselijke lokale, nationale en internationale wet- en regelgeving en deze Algemene Voorwaarden na te leven. Universe aanvaardt geen verantwoordelijkheid voor de naleving door een Host van toepasselijke wet- of regelgeving.
5.7 Garanties van de Host: De Host verklaart en garandeert jegens Universe en ten behoeve van Universe dat iedere door hem of haar aangemaakte Listing:
(a) uitsluitend betrekking heeft op Tickets en Evenementen waarover die Host, direct of indirect, zeggenschap heeft en waarvoor de Host gerechtigd is Tickets te verkopen of te distribueren;
(b) juiste en transparante Ticketprijzen en informatie bevat over alle bijkomende kosten die door Kopers zullen worden gedragen;
(c) indien geboekt, zal worden nagekomen, tenzij anders met de Koper is overeengekomen;
(d) indien van toepassing, een correcte plattegrond bevat die een waarheidsgetrouwe weergave vormt van de locatie waar het Evenement plaatsvindt;
(e) geen inbreuk maakt op rechten van derden, waaronder intellectuele eigendomsrechten;
(f) niet is geplaatst door een Host die optreedt als broker, verhuuragent of listingagent voor een derde;
(g) niet dezelfde of nagenoeg dezelfde inhoud bevat als een andere Listing op de Website en niet op een andere website is gepubliceerd;
(h) op geen enkele wijze frauduleuze, onjuiste of misleidende informatie bevat;
Let op: de verkoop van gestolen of vervalste goederen is strafbaar en Universe zal dergelijke activiteiten melden aan de bevoegde lokale autoriteiten en personen die dergelijke goederen verkopen permanent uitsluiten van gebruik van de Universe-diensten.
(i) niet lasterlijk, beledigend, bedreigend of obsceen is;
(j) niet onethisch of discriminerend is op grond van leeftijd, geslacht, ras, burgerlijke staat, nationaliteit, culturele, religieuze of persoonlijke overtuigingen, handicap, seksuele gerichtheid, politieke opvatting of anderszins;
(k) Gebruikers niet tracht te bewegen gebruik te maken van een dienst van derden die concurreert met de Universe-diensten;
(l) geen toepasselijke lokale, nationale of internationale wet of regeling schendt, waaronder regels met betrekking tot liefdadigheidsdonaties;
(m) geen virus of ander programma bevat dat een computersysteem of gegevens verstoort of tracht te verstoren;
(n) niet kan worden opgevat als verbonden met een terroristische organisatie; en
(o) geen politieke campagnes, commerciële wervingen, kettingbrieven, massamailings of enige vorm van “spam” bevat.
5.8 Toepasselijke belastingen: De Host is verantwoordelijk om ervoor te zorgen dat de Transactiewaarde alle belastingen bevat die voor Listings verschuldigd zijn, waaronder btw (VAT) of andere toepasselijke lokale belastingen. Bij twijfel dient de Host advies in te winnen bij een belastingdeskundige om te bepalen welke belastingen bij de Koper in rekening moeten worden gebracht. Voor btw-geregistreerde Hosts geldt dat zij contact dienen op te nemen met support@universe.com.
5.9 Verzekering: De Host is als enige verantwoordelijk voor iedere verzekering die in verband met de Listing en het Evenement vereist kan zijn.
5.10 Annulering, verplaatsing of wijziging van een Evenement: Indien een Evenement wordt geannuleerd, verplaatst of op enige wijze gewijzigd, is dit uitsluitend de verantwoordelijkheid van de Host en dient de Host de noodzakelijke informatie duidelijk en tijdig aan Kopers te communiceren. De Listing dient door de Host te worden bijgewerkt of verwijderd; indien dit niet gebeurt, behoudt Universe zich het recht voor de Listing van de Universe-diensten te verwijderen.
5.11 Geen garantie van Universe: Universe garandeert niet dat Listings die via de Universe-diensten zijn aangemaakt binnen een bepaalde termijn na plaatsing door de Host worden gepubliceerd en actief zijn, dat zij in een bepaalde volgorde in zoekresultaten verschijnen, of dat de Ticket(s) zullen worden verkocht. Indien een Ticket niet wordt verkocht, aanvaardt Universe daarvoor geen verantwoordelijkheid.
6. VERKOOP VAN TICKETS
6.1 Voorkeuren voor betalingsverwerking: De Host kan bij het aanmaken van een Listing kiezen uit twee methoden van betalingsverwerking: Universe Payments of Stripe Payments. Nadere gegevens hierover zijn te vinden onder de voorkeuren voor betalingsverwerking. Zodra de Host voor een Listing een methode van betalingsverwerking heeft gekozen, kan die keuze later worden gewijzigd, met dien verstande dat opbrengsten uit reeds verkochte Tickets zullen worden uitbetaald via de methode die gold op het moment van verkoop.
6.2 Goedkeuringsinstellingen: Hosts kunnen een Listing zo instellen dat goedkeuring door de Host vereist is voordat een Koper een Transactie kan voltooien. In dergelijke Listings moet worden vermeld binnen welke termijn de Host de Transactie moet goedkeuren of afwijzen. Indien de Host de Transactie niet binnen die termijn bevestigt of afwijst, wordt deze automatisch geannuleerd.
6.3 Koopovereenkomst en orderbevestiging: Nadat de Host, indien vereist, goedkeuring heeft verleend, zijn partijen jegens elkaar contractueel gebonden tot voltooiing van de Transactie wanneer de Koper het verkoopproces afrondt door zijn of haar betaalgegevens in te voeren en op “nu betalen” te klikken voor betaalde Evenementen of op “registreren” voor gratis Evenementen.
6.4 Mislukte levering: Orderbevestigingen worden automatisch gegenereerd en aan de Koper verzonden zodra de Koper het betaalproces heeft voltooid. Iedere melding van een mislukte levering die de Host van een Koper ontvangt, dient door de Host zo spoedig mogelijk, en in ieder geval vóór de datum van het desbetreffende Evenement, te worden afgehandeld.
6.5 Betwiste Evenementen: Indien een Koper enig onderdeel van een Evenement of van de Transactiewaarde betwist, betreft dit een geschil tussen de Koper en de Host en heeft Universe daarbij geen betrokkenheid.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is de standaardbetaaloptie die voor Hosts beschikbaar is en waarvoor door de Host geen aparte inrichting vereist is.
7.2 Betaling aan Hosts: Mits het Evenement heeft plaatsgevonden, geen geschil is ontstaan in verband met de Transactie en op grond van de toepasselijke voorwaarden geen terugbetalingen aan enige Koper verschuldigd zijn, zal Universe de opbrengst van de Verkoopprijs die de Host uit de Transactie toekomt, via de door de Host gekozen betaalmethode uitkeren, ongeveer 48 uur na afloop van het Evenement.
7.3 Betaalgegevens: Hosts zijn verantwoordelijk voor het verstrekken van juiste bankrekeninggegevens die aan hun Account zijn gekoppeld en voor het te allen tijde actueel houden daarvan.
7.4 Accountsaldo: Hosts zullen per e-mail worden geïnformeerd zodra gelden beschikbaar zijn voor opname. Universe zal uitbetalingen aan de Host, na ontvangst van een verzoek tot opname, binnen een commercieel redelijke termijn verwerken.
7.5 Betalingen: In sommige gevallen wordt slechts uitbetaald indien het aan de Host verschuldigde bedrag ten minste het Drempelbedrag bedraagt. Niet-betaalde bedragen lager dan het Drempelbedrag worden onbeperkt overgedragen totdat het opgebouwde bedrag gelijk is aan of hoger is dan het Drempelbedrag. Indien Hosts wensen dat hun saldo in een bepaalde maand wordt uitbetaald terwijl het verschuldigde bedrag lager is dan het Drempelbedrag, dient de Host daaromtrent contact op te nemen met Universe via support@universe.com.
7.6 Opschorting van betaling: Universe behoudt zich het recht voor betalingen aan een Host op te schorten of bedragen die anderszins aan de Host verschuldigd zouden zijn te verrekenen met aan Universe verschuldigde bedragen, of met bedragen die verschuldigd zijn als gevolg van schending van deze Algemene Voorwaarden, in afwachting van een redelijk onderzoek door Universe naar een dergelijke schending, geheel naar eigen inzicht. Universe behoudt zich tevens het recht voor betalingen aan Hosts tot maximaal zes maanden te bevriezen indien zij, naar eigen inzicht, meent dat door Kopers of de Host kosten kunnen worden betwist of dat de Host, het Evenement, de Listing en/of de Tickets frauduleus lijken te zijn.
7.7 Betwiste betalingen: Indien een Host een door Universe verrichte of verschuldigde betaling betwist, dient de Host Universe daarvan schriftelijk in kennis te stellen binnen 30 dagen nadat die betaling is verricht of verschuldigd is geworden. Indien Universe niet binnen die termijn wordt geïnformeerd, doet de Host afstand van iedere aanspraak met betrekking tot die betwiste betaling.
7.8 Terugbetalingen: Indien een Host overeenkomstig deze Algemene Voorwaarden een Koper een terugbetaling toekent, maar over onvoldoende saldo in zijn of haar Universe-account beschikt om het terug te betalen bedrag te dekken, zal de Host onmiddellijk voldoende middelen aan het Universe-account toevoegen zodat Universe de terugbetaling aan de Koper kan verrichten. Universe zal geen terugbetaling verrichten zolang er onvoldoende saldo beschikbaar is in het Universe-account van de Host. De Servicekosten worden aan de Host in rekening gebracht en door Universe behouden.
8. STRIPE PAYMENTS
8.1 Stripe Payments: Door via de website van Stripe een Stripe Connect-account aan te maken, kunnen Hosts hun Account koppelen aan Stripe om betalingen voor hun Evenementen via hun eigen merchantaccount te verwerken en hun betalingen zelfstandig te beheren.
8.2 Betalingen: Onmiddellijk nadat een Transactie door de Koper is voltooid, wordt de volledige waarde van de Verkoopprijs rechtstreeks op de Stripe-rekening van de Host gestort en worden de Servicekosten en de Universe-bestelkosten per bestelling, waar van toepassing, rechtstreeks aan Universe betaald.
8.3 Terugbetalingen: Indien een Koper een terugbetaling van de Transactiewaarde verzoekt, wordt deze uitsluitend naar goeddunken van de Host en overeenkomstig deze Algemene Voorwaarden verleend. Universe aanvaardt geen aansprakelijkheid jegens Kopers; terugbetalingen zijn uitsluitend de verantwoordelijkheid van de Host.
8.4 Geschillen: Alle vragen en geschillen met betrekking tot Stripe Payments worden beheerst door de verhouding tussen Stripe en de Host, zonder enig verhaal op Universe.
9. CHARGEBACKS
9.1 Chargebacks: Eventuele chargebacks op creditcards of andere terugboekingen die, om welke reden dan ook, tegen Universe of haar gelieerde ondernemingen worden ingesteld met betrekking tot een Listing van een Host (behoudens voor zover deze uitsluitend zijn veroorzaakt door nalatigheid of opzettelijk wangedrag van Universe), alsmede alle daarmee verband houdende kosten en uitgaven van creditcardmaatschappijen, betalingsverwerkers en andere kosten die Universe of haar gelieerde ondernemingen in verband met dergelijke chargebacks maken, komen uiteindelijk voor rekening van de Host. De Host stemt ermee in Universe op eerste verzoek onverwijld en volledig voor dergelijke bedragen te vergoeden. Universe behoudt zich het recht voor naar eigen inzicht ten minste 10% van de opbrengsten van een Host in te houden ter dekking van de kosten van eventuele chargebacks. Universe aanvaardt geen aansprakelijkheid jegens de Host voor chargebacks die door een Koper worden geïnitieerd. Universe is niet verplicht een chargebackverzoek te betwisten en zal daarover naar eigen inzicht beslissen.
10. GEANNULEERDE, VERPLAATSTE EN UITGESTELDE EVENEMENTEN
10.1 Ticketruil en annulering: Tickets kunnen na aankoop niet worden geannuleerd, omgewisseld of terugbetaald, behoudens in de omstandigheden genoemd in de artikelen 10.2, 10.3 en 10.4 hieronder, of indien de Host daar naar eigen inzicht anders over beslist.
10.2 Annulering van een Evenement: Indien een Evenement volledig wordt geannuleerd (en niet wordt verplaatst), zal de Host aan de Koper de Verkoopprijs van het Ticket terugbetalen, doch niet de Servicekosten. Indien het Evenement zich over meer dan één dag uitstrekt, maar niet alle dagen worden geannuleerd, zal de Host aan de Koper een evenredige terugbetaling verstrekken voor de geannuleerde dagen.
10.3 Verplaatsing: Indien een Evenement wordt uitgesteld of verplaatst, blijven reeds gekochte Tickets geldig voor het verplaatste Evenement. De Koper kan tevens terugbetaling van de Verkoopprijs verzoeken indien hij of zij het verplaatste Evenement niet kan bijwonen, mits dit verzoek binnen een redelijke termijn na kennisgeving van de nieuwe datum of data van het Evenement bij de Host wordt ingediend. In dat geval betaalt de Host aan de Koper de Verkoopprijs van het Ticket terug, doch niet de Servicekosten.
10.4 Wezenlijke wijziging: Indien een Evenement wezenlijk wordt gewijzigd (dat wil zeggen: een wijziging, anders dan een verplaatsing, waardoor het Evenement wezenlijk afwijkt van het Evenement zoals beschreven in de Listing ten tijde van aankoop), kan de Koper terugbetaling van de Verkoopprijs verzoeken, mits dit verzoek binnen een redelijke termijn na kennisgeving van de wezenlijke wijziging bij de Host wordt ingediend. Ter voorkoming van misverstand gelden de volgende situaties niet als wezenlijke wijziging: het inzetten van understudies bij theatervoorstellingen; ongunstige weersomstandigheden; wijzigingen in voorprogramma’s; wijzigingen in individuele bandleden; wijzigingen in de line-up van een evenement met meerdere artiesten (zoals een festival); inkorting van een evenement wanneer het grootste deel van het evenement volledig is uitgevoerd; en vertragingen in de aanvang van de uitvoering van een evenement.
11. GEBRUIK EN VERZAMELING VAN GEGEVENS DOOR HOSTS
11.1 Universe verzamelt Universe-kopersgegevens als Verwerkingsverantwoordelijke. Universe zal via de Host-tools de Host-kopiegegevens aan de Host doorgeven of beschikbaar stellen.
11.2 De Host is Verwerkingsverantwoordelijke voor de Host-kopiegegevens vanaf het moment waarop deze aan de Host worden doorgegeven of beschikbaar worden gesteld.
11.3 Universe en de Host zijn afzonderlijke en onafhankelijke Verwerkingsverantwoordelijken, en iedere partij is individueel en afzonderlijk verantwoordelijk voor de naleving van haar verplichtingen als Verwerkingsverantwoordelijke onder de Wetgeving inzake Gegevensbescherming. Meer in het bijzonder geldt voor zowel Universe als de Host dat zij:
(a) verantwoordelijk zijn voor naleving van alle vereiste transparantie- en rechtmatigheidsvereisten onder de Wetgeving inzake Gegevensbescherming; en
(b) passende technische en organisatorische maatregelen treffen ter bescherming van respectievelijk de Universe-kopersgegevens en de Host-kopiegegevens tegen (i) accidentele of onrechtmatige vernietiging en (ii) verlies, wijziging, ongeoorloofde openbaarmaking van of toegang tot die gegevens.
11.4 Gegevensverwerking: Indien Universe Aanvullende Kopersgegevens verwerkt of Host-kopiegegevens namens de Host verwerkt via de Host-tools als Verwerker, zijn de artikelen 11.4 tot en met 11.7 van toepassing.
11.5 De omvang van de verwerking die Universe namens de Host verricht op grond van artikel 11.4 is als volgt:
(a) omvang: iedere verwerking van Aanvullende Kopersgegevens en/of gebruik van de Host-tools voor de verwerking van Host-kopiegegevens;
(b) duur: de looptijd van deze Algemene Voorwaarden;
(c) soorten Persoonsgegevens: naam, e-mailadres en contactgegevens; en
(d) categorieën van betrokkenen: Kopers van Listings van de Host.
11.6 Met betrekking tot de verwerking door Universe onder artikel 11.4 zal Universe:
(a) de gedocumenteerde instructies van de Host volgen voor de verwerking van Aanvullende Kopersgegevens en/of Host-kopiegegevens, waarbij verdere instructies afhankelijk zijn van overeenstemming tussen de Host en Universe;
(b) de Host informeren indien, naar het oordeel van Universe, instructies van de Host in strijd zijn met de AVG;
(c) ervoor zorgen dat personen aan wie zij toegang verleent tot dergelijke Aanvullende Kopersgegevens en/of Host-kopiegegevens gehouden zijn tot geheimhouding; en passende technische en organisatorische beveiligingsmaatregelen treffen ter bescherming tegen accidentele of onrechtmatige vernietiging, verlies, wijziging, ongeoorloofde openbaarmaking van of toegang tot dergelijke Persoonsgegevens (een “inbreuk in verband met persoonsgegevens”);
(d) de Host zonder onnodige vertraging informeren indien zij kennis krijgt van een inbreuk in verband met persoonsgegevens;
(e) de Host ondersteunen bij het beantwoorden van verzoeken van betrokkenen ter uitoefening van hun rechten onder de AVG, voor zover die ondersteuning betrekking heeft op Aanvullende Kopersgegevens en/of Host-kopiegegevens die door Universe als Verwerker worden verwerkt;
(f) de Host ondersteunen bij het nakomen van haar verplichtingen op grond van de artikelen 32 tot en met 36 AVG, voor zover die ondersteuning betrekking heeft op door Universe als Verwerker verwerkte Aanvullende Kopersgegevens en/of Host-kopiegegevens;
(g) op verzoek van de Host bewijs van naleving van de artikelen 11.4 tot en met 11.7 verstrekken en de Host in staat stellen een documentaudit van die naleving uit te voeren;
(h) geen Aanvullende Kopersgegevens en/of Host-kopiegegevens doorgeven naar een land buiten de Europese Economische Ruimte, tenzij daarvoor een rechtmatige grondslag bestaat; en
(i) bij beëindiging of afloop van deze Algemene Voorwaarden, naar keuze van de Host, dergelijke Aanvullende Kopersgegevens en/of Host-kopiegegevens onverwijld retourneren of verwijderen, tenzij Universe op grond van toepasselijk recht verplicht is deze Persoonsgegevens te bewaren.
11.7 Voor zover Universe machtiging nodig heeft om subverwerkers aan te stellen onder de Europese gegevensbeschermingswetgeving, verleent de Host Universe een algemene machtiging om huidige subverwerkers in te schakelen voor de verwerking van dergelijke Aanvullende Kopersgegevens en/of Host-kopiegegevens. Toegang tot de lijst van subverwerkers wordt op verzoek aan de Host verstrekt. Indien de Host op redelijke gronden in verband met gegevensbescherming bezwaar maakt tegen een wijziging in de vermelde subverwerkers, mag de Host het gebruik van de Universe-diensten staken. Universe zal met haar subverwerkers gegevensbeschermingsvoorwaarden overeenkomen die gelijkwaardig zijn aan de voorwaarden in deze Algemene Voorwaarden en blijft aansprakelijk voor het handelen en nalaten van haar subverwerkers.
11.8 De Host vrijwaart Universe voor alle kosten, uitgaven (waaronder juridische kosten), schade, verlies (waaronder verlies van zaken of winstderving), aansprakelijkheden, vorderingen, eisen, rechtsvorderingen of procedures die Universe kan lijden of maken als gevolg van: (i) naleving door Universe van enige instructie van de Host met betrekking tot de verwerking van Persoonsgegevens (waaronder instructies in verband met verzoeken van betrokkenen ter uitoefening van hun rechten onder de Europese gegevensbeschermingswetgeving en instructies tot bewaring, openbaarmaking, wijziging of anderszins verwerking van die gegevens); of (ii) een schending door de Host van dit artikel 11 of artikel 12.
12. HOST-TOOLS
12.1 De Universe-diensten kunnen de terbeschikkingstelling van Host-tools omvatten, waaronder apparatuur of software (inclusief software as a service). Indien Universe de Host toegang verleent tot Host-tools, zal de Host:
(a) alle bijzondere voorwaarden naleven die met betrekking tot specifieke Host-tools aan de Host worden meegedeeld;
(b) alle logins en wachtwoorden veilig bewaren en ervoor zorgen dat deze niet aan onbevoegde personen of derden worden verstrekt;
(c) passende beveiligingsprocessen en -procedures hanteren in verband met het gebruik van de Host-tools en internet, en ervoor zorgen dat alle bevoegde gebruikers in die processen en procedures zijn getraind;
(d) waar passend beschikken over een geschikte privacyverklaring en deze beschikbaar stellen aan Kopers; en
(e) als enige verantwoordelijk en aansprakelijk zijn voor alle activiteiten die met behulp van Host-tools worden verricht (hetzij door Universe namens de Host, hetzij door de Host zelf) en ervoor zorgen dat alle dergelijke activiteiten worden uitgevoerd in overeenstemming met alle toepasselijke wet- en regelgeving, waarbij de Host aansprakelijk is voor en Universe vrijwaart tegen alle verliezen die voortvloeien uit of verband houden met schendingen van die wet- en regelgeving.
12.2 Met betrekking tot Host-tools en alle materialen die met behulp van Host-tools zijn vervaardigd, zal de Host niet, en zal hij of zij derden niet toestaan om:
(a) enig handelsmerk, auteursrechtaanduiding of andere eigendomsvermelding in dergelijke Host-tools of materialen, of in kopieën, wijzigingen of gedeeltelijke kopieën daarvan, te verwijderen, te wissen, te wijzigen of anderszins te veranderen;
(b) de Host-tools te demonteren, reverse-engineeren, decompileren, opnieuw vervaardigen, repareren of daarvan afgeleide werken te maken;
(c) de Host-tools, materialen of rechten daarop of kopieën daarvan te verkopen, verhuren, overdragen, verlenen, publiceren, bekendmaken, tonen of anderszins beschikbaar te stellen aan enige persoon of rechtspersoon; of
(d) Host-tools, de servers waarop deze worden gehost of enig ander deel van het netwerk van Universe te hacken of te trachten te hacken, dan wel op enigerlei wijze beveiligingen te omzeilen of buiten de grenzen van dergelijke Host-toolservers te navigeren.
12.3 De Host erkent dat het gebruik van Host-tools geen intellectuele eigendomsrechten of andere rechten met betrekking tot de Host-tools aan de Host verleent.
12.4 De Host-tools worden aan de Host geleverd op een “as is”-basis, zonder enige garantie van welke aard dan ook, uitdrukkelijk of impliciet, waaronder garanties van verhandelbaarheid of geschiktheid voor een bepaald doel of gebruik in verband met internet of het gebruik van informatie in verband met Host-tools. De Host erkent dat elektronische communicatie en databases vatbaar zijn voor fouten, hacking, storingen, manipulatie en inbraken. Hoewel Universe zich ertoe verbindt redelijke beveiligingsmaatregelen te treffen om dergelijke gebeurtenissen te voorkomen, garandeert of waarborgt Universe niet dat dergelijke gebeurtenissen zich niet zullen voordoen.
13. HANDHAVINGSMAATREGELEN TEGEN HOSTS
13.1 Annulering: Universe behoudt zich het recht voor naar eigen uitsluitend oordeel, om welke reden dan ook en op elk moment, een Listing en/of een Transactie en/of het Account van een Host te annuleren.
D. Voorwaarden voor het kopen van Tickets
14. PRIJS EN BETALING
14.1 Verkoopprijs: De Host stelt de Verkoopprijs van het Ticket vast en kan deze te allen tijde wijzigen voordat een Transactie plaatsvindt.
14.2 Kosten/toeslagen: Wanneer een Koper één of meer Tickets selecteert voor aankoop, dienen eventuele bijkomende kosten en/of toeslagen die verband houden met het Ticket en de Transactie door de Host duidelijk te worden vermeld.
14.3 Controleer uw bestelling: Als Koper dient u vóór aankoop te controleren dat u de volledige details van de Listing hebt gelezen en tevreden bent met uw Ticketselectie. Universe zal eventuele problemen die daarna ontstaan niet corrigeren en Hosts zullen dat uitsluitend naar eigen inzicht doen.
14.4 Betalingsinformatie: De Koper verklaart en garandeert dat hij of zij bevoegd is de gekozen betaalmethode te gebruiken en dat de verstrekte factuurinformatie volledig, actueel en juist is.
14.5 Goedkeuringsinstellingen: Voor sommige Listings kan voorafgaande goedkeuring van de Host vereist zijn voordat de Koper Tickets kan aanschaffen. Dergelijke Listings vermelden de termijn waarbinnen de Host goedkeuring moet verlenen. Indien binnen die termijn geen goedkeuring wordt verleend, wordt uw bestelling geannuleerd en vindt geen afschrijving plaats.
14.6 Orderbevestiging: Zodra Kopers hun aankoop voltooien door, waar nodig, hun betaalgegevens in te voeren en te klikken op “nu betalen” voor betaalde Evenementen of “registreren” voor gratis Evenementen, wordt automatisch een Orderbevestiging aan de Koper verstrekt. Op dat moment komt tussen de Koper en de Host een bindende overeenkomst tot stand. De Orderbevestiging bevat het Ticket waarmee de Koper toegang tot het Evenement verkrijgt. Indien de Orderbevestiging niet wordt ontvangen, kan deze samen met het Ticket worden geraadpleegd via het dashboard van het Account.
14.7 Betaling: Zodra de Koper de Orderbevestiging ontvangt, stemt de Koper ermee in dat, afhankelijk van de door de Host gekozen methode van betalingsverwerking, Universe of een externe betalingsverwerker die namens de Host optreedt de Transactiewaarde afschrijft van de door de Koper opgegeven betaalmethode. Tenzij anders overeengekomen door de Host, of indien wettelijk vereist, of indien de omstandigheden als bedoeld in de artikelen 10.2, 10.3 en 10.4 zich voordoen, worden geen terugbetalingen of tegoeden verstrekt nadat de Koper is belast.
14.8 Overige Ticketvoorwaarden: Alle door de Koper aangeschafte Tickets zijn onderworpen aan de voorwaarden van het Ticket, het Evenement en de Locatie, alsmede aan alle toepasselijke wet- en regelgeving, waaronder eventuele beperkingen op doorverkoop of overdracht van Tickets.
14.9 Vragen na aankoop: Indien de Koper na aankoop van een Ticket vragen of zorgen heeft, dient de Koper rechtstreeks contact op te nemen met de Host en niet met Universe.
14.10 Donaties: Hosts kunnen toezeggen een deel van de Verkoopprijs te doneren aan een bepaald doel of goed doel. Universe heeft geen controle over dergelijke toegezegde donaties en aanvaardt daarvoor geen verantwoordelijkheid of aansprakelijkheid. Universe onderzoekt niet en waarborgt niet de feitelijke juistheid van donatieclaims die door Hosts in Listings worden gedaan.
14.11 Vreemde valuta: Universe biedt een functie waarmee Gebruikers tarieven voor diverse Listings in vreemde valuta kunnen bekijken. In vreemde valuta vermelde Verkoopprijzen zijn uitsluitend informatief. U begrijpt en aanvaardt dat dergelijke bedragen in vreemde valuta niet de officiële Verkoopprijs vormen en dat u op het moment van uw boekingsverzoek wordt geïnformeerd over de valuta waarin kosten in rekening zullen worden gebracht, samen met de bijbehorende Transactiewaarde. Betaling dient te geschieden in de valuta die bij het afrekenen wordt vermeld.
15. ANNULERING EN TERUGBETALINGEN
15.1 Annulering: Het annulerings- en restitutiebeleid voor Tickets is opgenomen in artikel 10 hierboven.
15.2 Terugbetalingen: Indien een Koper overeenkomstig deze Algemene Voorwaarden een terugbetaling wenst te verzoeken, dient de Koper contact op te nemen met de Host via de in de Listing vermelde contactgegevens. Indien de Host instemt dat een terugbetaling verschuldigd is, dient de Host die terugbetaling binnen een commercieel redelijke termijn, doorgaans binnen één week na overeenstemming over de terugbetaling, te verrichten. Indien de Host heeft gekozen voor Universe Payments, zal Universe uitsluitend terugbetalingen verrichten indien de Host daarvoor de benodigde gelden beschikbaar heeft gesteld. Servicekosten, voor zover van toepassing op de Koper, zijn mogelijk niet restitueerbaar, behoudens voor zover de wet anders vereist. De Universe-bestelkosten per bestelling zijn uitsluitend restitueerbaar in de omstandigheden genoemd in de artikelen 10.2, 10.3 en 10.4 van deze Algemene Voorwaarden. Indien tussen de Koper en de Host een geschil ontstaat over de vraag of een terugbetaling verschuldigd is, is artikel 15.3 van toepassing.
15.3 Geschillen: Indien een geschil ontstaat tussen de Koper en de Host, met inbegrip van de vraag of een terugbetaling verschuldigd is, zal de Koper de Host contacteren met vermelding van de details van het geschil en de gewenste oplossing. De Host heeft vervolgens 48 uur om de aanspraak te betwisten. Daarna geldt: (i) indien de Host het geschil niet weerspreekt, wordt door de Host een volledige terugbetaling van de Verkoopprijs aan de Koper verstrekt; of (ii) indien de Host het geschil wel weerspreekt, dienen beide partijen met elkaar in contact te treden om het geschil op te lossen en binnen 30 dagen bevestiging van die oplossing aan Universe te verstrekken. Indien binnen 30 dagen na het eerste contact van de Koper geen oplossing is bereikt, kan de Koper of de Host Universe verzoeken het geschil te beslechten, in welk geval Universe het geschil naar eigen uitsluitend en absoluut inzicht definitief zal beslechten. Universe is jegens geen van beide partijen aansprakelijk voor haar beslissing in enig geschil. Het is de verantwoordelijkheid van de Host om binnen 48 uur na een verzoek van Universe bewijs te leveren dat een Koper bij een Evenement aanwezig is geweest.
16. HANDHAVINGSMAATREGELEN TEGEN KOPERS
16.1 Annulering van Transacties: Universe behoudt zich het recht voor de Transactie van een Koper te annuleren indien zich een van de volgende omstandigheden voordoet:
(a) Universe vermoedt frauduleuze, onwettige of onethische activiteiten in verband met één of meer Transacties; en/of
(b) Universe vermoedt onbevoegd gebruik van het Account van een Koper en/of van de Universe-diensten; en/of
(c) sprake is van schending van deze Algemene Voorwaarden.
17. MERCHANDISE EN ADD-ONS
17.1 De Host is als enige verantwoordelijk voor alle verplichtingen inzake fulfilment, inwisseling en levering met betrekking tot merchandise, producten en/of aanvullende diensten die worden verpakt of verkocht in verband met Tickets voor een Evenement, alsmede voor alle daarmee verband houdende kosten. De Host vrijwaart Universe en de gelieerde ondernemingen en licentiegevers van Universe (en hun respectieve bestuurders, directeuren, werknemers, licentiegevers, opdrachtnemers, principals en vertegenwoordigers) tegen alle vorderingen, kosten (waaronder gerechtelijke kosten en redelijke juridische kosten), verplichtingen, verliezen en aansprakelijkheden die verband houden met dergelijke merchandise, producten en/of aanvullende diensten.
18. PRIVACYBELEID: Raadpleeg het Privacybeleid en het Cookiebeleid van Universe voor nadere informatie over de wijze waarop wij uw Koper-Gebruikersgegevens gebruiken en beschermen.
E. Algemene bepalingen
19. DEFINITIES EN INTERPRETATIE
19.1 In deze Algemene Voorwaarden wordt verstaan onder:
“Account”: het account dat door u is aangemaakt om gebruik te maken van de Universe-diensten.
“Aanvullende Kopersgegevens”: gegevens die de Host Universe opdraagt te verzamelen over de Kopers van die Host als onderdeel van een Listing, voor zover die gegevens niet tevens Universe-kopersgegevens zijn.
“Wetgeving inzake Gegevensbescherming”: alle van tijd tot tijd toepasselijke wetten, regels en voorschriften inzake gegevensbescherming en privacy, waaronder, zonder beperking, de volgende wetgeving (“EU-gegevensbeschermingswetgeving”): (a) Verordening 2016/679 van het Europees Parlement en de Raad betreffende de bescherming van natuurlijke personen in verband met de verwerking van persoonsgegevens en betreffende het vrije verkeer van die gegevens (Algemene Verordening Gegevensbescherming, “AVG”); (b) de richtlijn betreffende privacy en elektronische communicatie (2002/58/EG); en (c) overige toepasselijke nationale privacywetgeving die op grond van of ter uitvoering van (a) of (b) is vastgesteld, telkens zoals van tijd tot tijd gewijzigd of vervangen.
“Verwerkingsverantwoordelijke”: heeft de betekenis die daaraan wordt gegeven in de EU-gegevensbeschermingswetgeving.
“Verwerker”: heeft de betekenis die daaraan wordt gegeven in de EU-gegevensbeschermingswetgeving.
“Evenement”: ieder evenement of iedere ticketgebonden activiteit die in een Listing is beschreven en waarvoor Tickets via de Universe-diensten kunnen worden uitgegeven, gekocht of verkocht.
“Feedback”: feedback, opmerkingen en suggesties voor verbetering van de Universe-diensten die door Gebruikers worden geplaatst.
“Overmacht”: iedere oorzaak buiten de macht van Universe, waaronder mede begrepen natuurrampen, oorlog, opstand, oproer, burgerlijke onrust, terroristische daden, brand, explosie, overstroming, epidemie, diefstal van essentiële apparatuur, moedwillige beschadiging, staking, uitsluiting, weersomstandigheden, een door derden verkregen gerechtelijk verbod, nationale defensievereisten en handelingen of regelgeving van nationale of lokale overheden.
“Listing”: de door een Host aangemaakte evenement- en ticketvermelding(en) waarvoor Tickets te koop of ter distributie beschikbaar zijn en die de voor dat Evenement gecreëerde digitale inhoud omvatten.
“Orderbevestiging”: de schriftelijke bevestiging van een Transactie die automatisch aan de Koper wordt verstrekt zodra het boekingsproces is voltooid, op welk moment een juridisch bindende overeenkomst tussen die Koper en die Host tot stand komt met betrekking tot de Transactie.
“Methode van betalingsverwerking”: één van de twee methoden van betalingsverwerking, zijnde Universe Payments of Stripe Payments, voor de verkoop van Tickets via de Universe-diensten.
“Persoonsgegevens”: heeft de betekenis die daaraan wordt gegeven in de EU-gegevensbeschermingswetgeving.
“Verkoopprijs”: de prijs waarvoor de Host via de Universe-diensten een Ticket te koop aanbiedt, in GBP, EUR of een andere toepasselijke valuta, welke prijs nihil kan zijn (sommige Evenementen kunnen gratis zijn) en die alle bijkomende kosten en toeslagen omvat die door de Host kunnen worden vastgesteld, met uitzondering van de Servicekosten en de Universe-bestelkosten per bestelling.
“Host-kopiegegevens”: een kopie van dat gedeelte van de Universe-kopersgegevens dat Universe aan de Host verstrekt of beschikbaar stelt voor zover noodzakelijk voor een Listing van de Host.
“Host-tools”: apparatuur en/of software en aanverwante diensten die Universe aan de Host ter beschikking stelt als onderdeel van de Universe-diensten, zoals rapportage, e-mailbeheer of data-analyse.
“Servicekosten”: de niet-restitueerbare (behoudens voor zover wettelijk vereist) servicekosten die aan Universe verschuldigd zijn voor het aanbieden van de Universe-diensten en die, naar keuze van de Host, ofwel uitsluitend aan de Host in rekening worden gebracht (in welk geval dit bedrag door Universe wordt ingehouden vóór afwikkeling van de verkoopopbrengst) ofwel door de Host aan de Koper worden doorbelast (in welk geval dit bedrag zichtbaar is in het subtotaal op de afrekenpagina en door de Koper bovenop de Verkoopprijs als onderdeel van de totale Transactiewaarde wordt betaald). De Servicekosten zijn exclusief toepasselijke belastingen tegen het dan geldende tarief. Toepasselijke belastingen zijn aanvullend verschuldigd.
“Stripe Payments”: de koppeling met de eigen Stripe-rekening van de Host voor de verwerking van betalingen door een Koper.
“Sociale-Mediasite van Derden”: websites en applicaties van derden waarmee gebruikers inhoud kunnen creëren en delen of kunnen deelnemen aan sociale netwerken, met inbegrip van maar niet beperkt tot Facebook, Twitter en Google Chrome.
“Drempelbedrag”: £10 of het equivalent daarvan in de valuta van het land waarin u woont.
“Ticket(s)”: een elektronisch ticket of ander bewijs van het recht om plaats te nemen bij of toegang te krijgen tot een Evenement.
“Transactie”: een via de Universe-diensten verrichte transactie waarbij de Koper ermee instemt één of meer Tickets te kopen en de Host ermee instemt die te verkopen tegen de vermelde Verkoopprijs of Verkoopprijzen.
“Transactiewaarde”: het totale bedrag dat door een Koper verschuldigd is uit hoofde van een Transactie, met inbegrip van alle kosten en toeslagen als bedoeld in artikel 14.2.
“Universe-accountgegevens”: de Persoonsgegevens die u uploadt bij registratie van uw Account.
“Universe-kopersgegevens”: de gegevens die door Universe van Kopers worden verzameld als onderdeel van hun gebruik van de Universe-diensten.
“Universe Payments”: de standaardoptie voor betalingsverwerking waarbij de Transactiewaarde aan Universe wordt betaald, waarna Universe het bedrag van de Verkoopprijs aan de Host doorbetaalt.
“Universe-bestelkosten per bestelling”: voor zover van toepassing, de kosten per bestelling die door Kopers aan Universe verschuldigd zijn wanneer er in een Transactie betaalde Tickets en/of add-ons voorkomen. Dit bedrag wordt weergegeven in het subtotaal op de afrekenpagina en wordt door de Koper bovenop de Verkoopprijs en Servicekosten betaald als onderdeel van de totale Transactiewaarde. De Universe-bestelkosten per bestelling zijn inclusief eventuele toepasselijke belastingen tegen het op dat moment geldende tarief. Deze kosten zijn uitsluitend restitueerbaar in de omstandigheden genoemd in de artikelen 10.2, 10.3 en 10.4 van deze Algemene Voorwaarden.
“Universe-diensten”: alle online diensten van Universe, waaronder mede begrepen de Website, de voor download op smartphones beschikbare softwareapplicatie die een aangepaste versie van de Website bevat, alle mobiele diensten, eventuele software of hardware en alle daarmee verband houdende tools en diensten die door Universe of een met Universe gelieerde onderneming worden aangeboden.
“Locatie”: iedere plaats, faciliteit of locatie waar een Evenement wordt gehouden.
“Website”: iedere website die door Universe wordt geëxploiteerd of aangeboden, met inbegrip van iedere voor download op een smartphone beschikbare softwareapplicatie die een aangepaste versie van de Website bevat.
20. BEËINDIGING
20.1 Beëindiging door Universe: Universe behoudt zich het recht voor uw Account te beëindigen en/of enige van uw Transacties te annuleren en/of uw Listing te verwijderen en/of u het toekomstige gebruik van de Universe-diensten te ontzeggen indien:
(a) aan Universe wordt gemeld dat u of uw Account beledigend of bedreigend gedrag vertoont;
(b) Universe onbevoegd gebruik van uw Account en/of van de Universe-diensten vermoedt;
(c) Universe frauduleuze of andere onwettige activiteiten met betrekking tot uw Account vermoedt;
(d) u anderszins deze Algemene Voorwaarden schendt;
(e) Universe daartoe wordt verplicht door een lokale juridische of toezichthoudende autoriteit;
(f) u als natuurlijke persoon niet in staat bent uw schulden te voldoen naarmate deze opeisbaar worden of failliet wordt verklaard, dan wel, indien u een onderneming bent, onder bewind wordt gesteld, een vrijwillige regeling of akkoord met schuldeisers aangaat (of een soortgelijke regeling in het land waar u woont), een zekerheidsgerechtigde bezit neemt van uw eigendommen of activa, een curator of bewindvoerder over uw eigendommen of activa wordt aangesteld, of de onderneming wordt ontbonden, haar activiteiten staakt of dreigt te staken, behoudens in het kader van reconstructie; en/of
(g) Universe u naar eigen keuze een schriftelijke opzegtermijn van 30 dagen heeft gegeven.
20.2 Beëindiging door u: U kunt uw Account te allen tijde opzeggen via de functie “Account annuleren” of door een e-mail te sturen naar support@universe.com. Indien u een Host bent, dient u vóór beëindiging van uw Account alle door u verkochte Tickets voor Evenementen die nog niet hebben plaatsgevonden te annuleren, Kopers te informeren en Kopers terug te betalen indien u Stripe Payments gebruikt, dan wel Universe opdracht te geven Kopers terug te betalen indien u Universe Payments gebruikt. Houd er rekening mee dat Universe bij beëindiging van uw Account niet verplicht is Gebruikersinhoud die u op de Universe-diensten hebt geplaatst te verwijderen of aan u terug te bezorgen.
20.3 Gevolgen van beëindiging: Beëindiging van uw Account laat onverlet de rechten en verplichtingen van zowel u als Universe die zijn ontstaan vóór en met inbegrip van de datum van beëindiging, alsmede alle bepalingen die uitdrukkelijk of naar hun aard bedoeld zijn om na beëindiging van kracht te blijven.
21. REGELS VOOR DE UNIVERSE-DIENSTEN
21.1 Regels: In verband met uw gebruik van de Universe-diensten is het u niet toegestaan, en stemt u ermee in dat u niet zult:
(a) enige lokale, provinciale, nationale of andere wet of regeling, of enig gerechtelijk bevel, schenden;
(b) inbreuk maken op rechten van personen of rechtspersonen, waaronder intellectuele eigendomsrechten, privacyrechten, publiciteitsrechten of contractuele rechten;
(c) de Universe-diensten verstoren of beschadigen, onder meer door het gebruik van virussen, bots, Trojaanse paarden, schadelijke code, flood pings, denial-of-service-aanvallen, packet- of IP-spoofing, vervalste routeringsinformatie of e-mailadressen, of vergelijkbare methoden of technologie;
(d) de Universe-diensten gebruiken voor de verspreiding van ongevraagde commerciële e-mails (“spam”) of advertenties die geen verband houden met de Universe-diensten;
(e) enige andere Gebruiker te “stalken” of lastig te vallen, of persoonlijk identificeerbare informatie van een andere Gebruiker te verzamelen of op te slaan, behalve voor zover uitdrukkelijk toegestaan via de Universe-diensten;
(f) berichten indienen of links verstrekken naar berichten met materiaal dat als schadelijk, obsceen, pornografisch, seksueel expliciet, ongepast, onzedelijk, gewelddadig, beledigend, grof, beledigend, bedreigend, intimiderend, haatdragend of anderszins verwerpelijk kan worden beschouwd, afbeeldingen of gelijkenissen van personen jonger dan 18 jaar bevat, drugsgebruik (waaronder alcohol en sigaretten) aanmoedigt, afbeeldt of verheerlijkt, geweld als aanvaardbaar, aantrekkelijk of wenselijk voorstelt, of persoonlijke contactgegevens of andere persoonlijke informatie van een derde bevat;
(g) berichten indienen of links verstrekken naar berichten met materiaal dat een individu of groep lastigvalt, tot slachtoffer maakt, degradeert of intimideert op grond van religie, ras, etniciteit, seksuele gerichtheid, geslacht, leeftijd of handicap;
(h) meer dan één Account registreren of een Account registreren namens een andere persoon dan uzelf, met inbegrip van een werknemer of vertegenwoordiger van onze onderneming;
(i) zonder voorafgaande schriftelijke toestemming van Universe Hosts of andere Gebruikers werven of anderszins benaderen om gebruik te maken van diensten of websites van derden die concurreren met Universe;
(j) zich voordoen als een andere persoon of entiteit, of zichzelf of zijn of haar band met een persoon of entiteit valselijk voorstellen;
(k) geautomatiseerde scripts gebruiken om informatie te verzamelen of anderszins te interageren met de Universe-diensten;
(l) de Universe-diensten gebruiken om een Host of Koper te vinden en vervolgens de transactie buiten de Universe-diensten om af te handelen teneinde de betaling van kosten in verband met het aanbieden van de Listing door Universe te omzeilen;
(m) als Host een Listing plaatsen met valse of misleidende prijsinformatie, of een Listing plaatsen met een prijs, dienst of activiteit die u niet voornemens bent na te komen;
(n) de Universe-diensten, of enig afzonderlijk onderdeel daarvan, de naam van Universe, enig handelsmerk, logo of andere eigendomsinformatie van Universe, of de lay-out en vormgeving van enige pagina of formulier op een pagina, gebruiken, tonen, spiegelen of framen zonder uitdrukkelijke schriftelijke toestemming van Universe;
(o) toegang verkrijgen tot, knoeien met of gebruik maken van niet-openbare delen van de Universe-diensten, computersystemen van Universe of de technische leveringssystemen van aanbieders van Universe;
(p) trachten de kwetsbaarheid van enig systeem of netwerk van Universe te onderzoeken, scannen of testen, of beveiligings- of authenticatiemaatregelen te schenden;
(q) technologische maatregelen die door Universe, haar aanbieders of een andere derde (waaronder een andere Gebruiker) zijn geïmplementeerd ter bescherming van de Universe-diensten of enige daarop aanwezige inhoud, ontwijken, omzeilen, verwijderen, deactiveren, aantasten, ontsleutelen of anderszins omzeilen;
(r) software die wordt gebruikt om de Universe-diensten aan te bieden te ontcijferen, decompileren, demonteren of reverse-engineeren;
(s) Tickets reproduceren of scannen in een andere vorm of op een ander medium dan verstrekt via de Website;
(t) geautomatiseerde software of computersystemen gebruiken om Tickets, kortingscodes, promotiecodes, vouchers, cadeaubonnen of andere op de Website beschikbare artikelen te zoeken, reserveren, kopen of anderszins te verkrijgen, met inbegrip van het verzenden van informatie van uw computer naar een andere computer waarop dergelijke software of systemen actief zijn; en/of
(u) een derde aanmoedigen, ondersteunen of helpen een van het voorgaande te doen.
21.2 Rechtsmaatregelen: Universe behoudt zich het recht voor onderzoek te doen naar en passende rechtsmaatregelen te nemen tegen iedere onwettige en/of ongeoorloofde vorm van gebruik van de Universe-diensten. Universe kan lokale handhavingsautoriteiten inschakelen en met hen samenwerken bij de vervolging van Gebruikers die deze Algemene Voorwaarden schenden, waaronder door middel van civielrechtelijke, strafrechtelijke en voorlopige voorzieningen. U stemt ermee in dat een geldelijke schadevergoeding voor Universe mogelijk geen afdoende rechtsmiddel biedt en dat Universe gerechtigd is om een verbod of andere voorziening te vorderen in geval van schending van deze Voorwaarden. Indien Universe vaststelt dat u deze Voorwaarden of enige lokale of nationale wet hebt geschonden, of om welke andere reden dan ook, of zonder opgaaf van reden, kan Universe uw Account annuleren, al uw Gebruikersinhoud verwijderen en u te allen tijde zonder voorafgaande kennisgeving de toegang tot de Website ontzeggen. Indien dat gebeurt, mag u de Universe-diensten of de Website niet langer gebruiken. U blijft evenwel gebonden aan uw verplichtingen onder deze Voorwaarden. U stemt ermee in dat Universe niet aansprakelijk is jegens u of enige derde voor beëindiging van uw toegang tot de Website of uw Account of daaraan gerelateerde informatie, en dat Universe niet verplicht is de Website, uw Account of daarmee verband houdende informatie aan u beschikbaar te houden.
22. GARANTIES EN VRIJWARINGEN
22.1 Juiste informatie: U verklaart en garandeert dat de informatie die u aan Universe verstrekt voor uw Account en in het kader van uw gebruik van de Universe-diensten waarheidsgetrouw, juist en volledig is, en dat u bij het gebruik van de Universe-diensten geen valse informatie, waaronder naam en e-mailadres, zult gebruiken.
22.2 Naleving van de wet: U verklaart en garandeert dat u bij het gebruik van de Universe-diensten alle toepasselijke lokale, regionale, nationale en internationale wetten, regels, gedragscodes en deze Algemene Voorwaarden zult naleven. Voorts garandeert u dat u 18 jaar of ouder bent en juridisch bindende overeenkomsten kunt sluiten.
22.3 Fiscale vrijwaring: U stemt ermee in dat Universe op geen enkele wijze verantwoordelijk is voor de juistheid of geschiktheid van enige betaling van belastingen aan een entiteit namens u (als Koper en/of Host). Indien u bij gebruik van de Universe-diensten handelt als onderneming, vrijwaart u Universe hierbij tegen alle aansprakelijkheden, kosten, rente en uitgaven (waaronder redelijke juridische kosten) die Universe maakt als gevolg van een vordering van een derde of van een overheidsinstantie die betrekking heeft op enige lokale, regionale, nationale of internationale fiscale verplichting of bedragen die verschuldigd zijn op grond van fiscale regelgeving, verordeningen, wetgeving of decreten, of enig geschil over de fiscale status van Universe.
22.4 Algemene vrijwaring: U stemt ermee in Universe en haar moedermaatschappijen, gelieerde ondernemingen, leveranciers, adverteerders en sponsors, alsmede hun respectieve functionarissen, bestuurders, werknemers, vertegenwoordigers, juridische adviseurs en onderaannemers (de “Gevrijwaarde Partijen”) te vrijwaren en schadeloos te stellen tegen iedere vordering of eis en alle aansprakelijkheden, kosten en uitgaven (waaronder redelijke juridische kosten) die een Gevrijwaarde Partij lijdt of maakt als gevolg van of in verband met uw gebruik van de Website, schending van deze Algemene Voorwaarden (waaronder misbruik van de Universe-diensten) en/of uw schending van enige wet of rechten van derden. Wij behouden ons het recht voor de exclusieve controle en verdediging van enige vordering op ons te nemen, en u zult ons volledig medewerking verlenen bij het voeren van beschikbare verweren.
23. AANSPRAKELIJKHEID
23.1 Uitsluiting door Universe: Gelet op de aard van de activiteiten van Universe, en op het feit dat Universe geen controle heeft over handelingen of nalatigheden van Gebruikers, geeft Universe geen enkele garantie en wijst zij in het bijzonder iedere aansprakelijkheid af met betrekking tot goederen of diensten die door Hosts worden geleverd.
23.2 Deelname aan Evenementen: Universe is onder geen enkele omstandigheid aansprakelijk voor overlijden of persoonlijk letsel dat door u of uw gasten wordt geleden als gevolg van het bijwonen van een Evenement, tenzij dit rechtstreeks is veroorzaakt door nalatigheid van Universe. Evenmin is Universe aansprakelijk voor enig verlies van of schade aan uw eigendommen of bezittingen, dan wel die van uw gasten die een Evenement bijwonen.
23.3 Aansprakelijkheid van Universe: U stemt ermee in dat u geen aanspraak heeft jegens Universe voor handelingen van enige andere Gebruiker van de Universe-diensten (Kopers of Hosts), ongeacht of die handelingen nalatig of opzettelijk zijn, en evenmin in verband met enige Listing, Evenement of Transactie, behoudens voor zover Universe zelf een verwijt treft. Indien een geschil ontstaat tussen een Koper en een Host, ontslaat u Universe (en haar gelieerde ondernemingen, moedermaatschappijen, dochtermaatschappijen en hun respectieve functionarissen, bestuurders, werknemers, vertegenwoordigers, juridische adviseurs en onderaannemers) van alle vorderingen, eisen en schadevergoedingen (daadwerkelijk en gevolgschade) van welke aard ook, bekend of onbekend, bekendgemaakt of niet bekendgemaakt, die voortvloeien uit of op enigerlei wijze verband houden met dat geschil.
23.4 Uitsluiting van aansprakelijkheid: Voor zover maximaal toegestaan op grond van lokale, nationale of internationale wetgeving, is Universe (en haar gelieerde ondernemingen, moedermaatschappijen, dochtermaatschappijen en hun respectieve functionarissen, bestuurders, werknemers, vertegenwoordigers, juridische adviseurs en onderaannemers) jegens u niet aansprakelijk uit overeenkomst of onrechtmatige daad (waaronder nalatigheid) voor enige indirecte schade, gevolgschade of bedrijfsschade, zoals verlies van gegevens, winst, omzet, goodwill, reputatie, gebruiksgenot of kansen, noch voor enige exemplaire, bijzondere of punitieve schade die niet redelijkerwijs voorzienbaar was en die direct of indirect voortvloeit uit uw toegang tot, gebruik van, of onvermogen tot gebruik van de Universe-diensten. Niets in deze Algemene Voorwaarden beperkt of sluit de aansprakelijkheid van Universe uit voor fraude of bedrieglijke misleiding, of voor overlijden of persoonlijk letsel als gevolg van nalatigheid van Universe, of voor enige andere aansprakelijkheid die op grond van lokale, nationale of internationale wetgeving niet kan worden beperkt of uitgesloten. Evenmin doet iets in deze Algemene Voorwaarden afbreuk aan rechten of rechtsmiddelen van een Gebruiker op grond van toepasselijk consumentenrecht.
23.5 Aansprakelijkheidslimiet: Onverminderd de overige bepalingen van dit artikel 23 geldt dat, indien Universe aansprakelijk wordt geacht, de totale aansprakelijkheid van Universe jegens u (anders dan aansprakelijkheid die op grond van toepasselijke lokale, nationale of internationale wetgeving niet kan worden beperkt of uitgesloten) is beperkt tot de Transactiewaarde van de Transactie die aanleiding gaf tot die aansprakelijkheid.
23.6 Overmacht: Universe is jegens u niet aansprakelijk voor het niet nakomen van enige verplichting uit hoofde van deze Algemene Voorwaarden voor zover die niet-nakoming het gevolg is van Overmacht.
24. GESCHILLENBESLECHTING
24.1 Indien een geschil ontstaat uit deze Algemene Voorwaarden of uit enige Transactie op grond daarvan, dient u contact op te nemen met de klantenservice, die zal trachten de kwestie zo spoedig mogelijk op te lossen. Uw klacht zal zo spoedig mogelijk door Universe worden bevestigd.
24.2 Universe zal redelijke inspanningen verrichten om in goed overleg of door onderhandeling tot een billijke en voor u en Universe bevredigende oplossing te komen.
24.3 In het onwaarschijnlijke geval dat wij uw klacht niet binnen 28 dagen door onderhandeling kunnen oplossen, kunnen wij trachten de kwestie via mediation te beslechten. Om mediation te initiëren, dient een partij de andere partij schriftelijk in kennis te stellen van het verzoek tot mediation. De mediation zal plaatsvinden overeenkomstig de procedure van enige lokale zelfregulerende ticketorganisatie, of, indien die ontbreekt, overeenkomstig de ten tijde van de verwijzing geldende UK STAR Code of Practice and Dispute Resolution Procedure, waarin de toe te passen procedures, het selectieproces van de mediator en de betrokken kosten zijn geregeld en welke bepalingen geacht worden deel uit te maken van deze Algemene Voorwaarden.
24.4 Het voorgaande beperkt niet uw wettelijke rechten, uw recht om een klacht in te dienen bij Trading Standards (of het lokale equivalent) of een andere bevoegde lokale of nationale toezichthouder, noch uw recht om een gerechtelijke procedure te starten of andere vormen van geschillenbeslechting te benutten, zoals het Europees platform voor onlinegeschillenbeslechting, via welk portaal u een klacht kunt indienen bij een geregistreerde aanbieder van alternatieve geschillenbeslechting met als doel het geschil op te lossen.
25. ALGEMEEN
25.1 Toepasselijke belastingen: Als Gebruiker van de Universe-diensten stemt u ermee in dat u als enige verantwoordelijk bent voor het bepalen van uw toepasselijke lokale fiscale rapportageverplichtingen, in overleg met uw belastingadviseurs. Universe kan en zal geen fiscaal advies aan Gebruikers verstrekken. Daarnaast dient iedere Host zelf te bepalen welke lokale indirecte belastingen van toepassing zijn en toepasselijke belastingen die moeten worden geïnd of verplichtingen met betrekking tot toepasselijke belastingen in Listings op te nemen. U bent tevens verantwoordelijk voor betaling van alle lokale of nationale overheidsbelastingen die worden geheven over uw aankoop van of gebruik van de Universe-diensten, waaronder begrepen omzetbelasting, gebruiksbelasting of btw (of het lokale equivalent). Voor zover Universe verplicht is dergelijke belastingen te innen, zal de toepasselijke belasting aan uw factureringsaccount worden toegevoegd en zal Universe, indien wettelijk vereist, op verzoek van een Host een ontvangstbewijs verstrekken.
25.2 Afstand van recht: Indien Universe de handhaving van enige bepaling van deze Algemene Voorwaarden uitstelt of nalaat, betekent dit niet dat Universe afstand doet van haar recht deze bepaling alsnog te handhaven.
25.3 Overdracht: Universe is gerechtigd haar rechten en verplichtingen uit hoofde van deze Algemene Voorwaarden over te dragen, mits uw rechten daardoor niet nadelig worden beïnvloed.
25.4 Scheidbaarheid: Indien een rechter bepaalt dat enige bepaling van deze Algemene Voorwaarden om welke reden dan ook ongeldig of onafdwingbaar is, laat dat de overige bepalingen onverlet; deze blijven volledig van kracht en functioneren afzonderlijk voort.
25.5 Onwettigheid: Indien enige bepaling van deze Algemene Voorwaarden op grond van het recht van een bepaald rechtsgebied onwettig, ongeldig of onafdwingbaar is of wordt, tast dit de rechtmatigheid, geldigheid of afdwingbaarheid van enige andere bepaling van deze Algemene Voorwaarden in dat rechtsgebied niet aan.
25.6 Geen partnerschap/vertegenwoordiging: Niets in deze Algemene Voorwaarden en geen handeling van u of Universe op grond daarvan schept of wordt geacht te scheppen een vennootschap, joint venture, principaal-agentrelatie of enige andere rechtsverhouding tussen u en Universe anders dan de rechtsverhouding die hierin uitdrukkelijk is omschreven.
25.7 Kennisgevingen: Een kennisgeving op grond van deze Algemene Voorwaarden wordt geacht te zijn ontvangen op het moment van aflevering (indien bezorgd per hand, aangetekende post of koerier) of op het moment van verzending (indien verzonden per e-mail en geen foutmelding wordt ontvangen).
25.8 Toepasselijk recht en bevoegde rechter: Op deze Algemene Voorwaarden is in alle opzichten het recht van toepassing van het land waar het Evenement waarvoor u Tickets koopt plaatsvindt, met uitsluiting van de conflictenrechtelijke regels van dat land. Partijen onderwerpen zich aan de niet-exclusieve bevoegdheid van de gerechten van dat land.
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Aland Islands Ticketmaster Suomi OY
Andorra Ticketmaster Spain S.A.U.
Austria Ticketmaster GmbH
Belgium N.V. Ticketmaster Belgium S.A.
Denmark Ticketmaster Danmark A/S
Finland Ticketmaster Suomi OY
France Ticketmaster SAS
Furstentum Liechtenstein Ticketmaster Schweiz AG
Germany Ticketmaster GmbH
Mexico Venta de Boletos por Computadora, S.A. de C.V.
Netherlands Ticketmaster BV
Norway Billettservice AS
Svalbard and Jan Mayen Billettservice AS
Spain Ticketmaster Spain S.A.U.
Sweden Ticketmaster Sverige AB
Switzerland Ticketmaster Schweiz AG
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
(c) Universe does not own any Tickets or set the Sale Price;
(d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
(f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).
5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) a seat map of the Event;
(h) whether or not the Service Charge is included in the Sale Price;
(i) the Universe Per Order Fee;
(j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(k) the refund policy, if any;
(l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(e) do not infringe any third-party rights (including intellectual property rights);
(f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(h) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(i) are not defamatory, abusive, threatening or obscene;
(j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
(l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
(m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(n) cannot be construed to be associated with any terrorist organisations; and
(o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Data: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
(d) inform the Host without undue delay if it becomes aware of a personal data breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
(h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
(i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
(a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
“Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
“Data Controller” has the meaning given to it in EU Data Protection Legislation.
“Data Processor” has the meaning given to it in EU Data Protection Legislation.
“Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
“Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
“Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
Personal Data" has the meaning given to it in the EU Data Protection Legislation.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
“Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
“Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
“Universe Account Information” means the Personal Data you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Aland Islands Ticketmaster Suomi OY
Andorra Ticketmaster Spain S.A.U.
Austria Ticketmaster GmbH
Belgium N.V. Ticketmaster Belgium S.A.
Denmark Ticketmaster Danmark A/S
Finland Ticketmaster Suomi OY
France Ticketmaster SAS
Furstentum Liechtenstein Ticketmaster Schweiz AG
Germany Ticketmaster GmbH
Mexico Venta de Boletos por Computadora, S.A. de C.V.
Netherlands Ticketmaster BV
Norway Billettservice AS
Svalbard and Jan Mayen Billettservice AS
Spain Ticketmaster Spain S.A.U.
Sweden Ticketmaster Sverige AB
Switzerland Ticketmaster Schweiz AG
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
(c) Universe does not own any Tickets or set the Sale Price;
(d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
(f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).
5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) a seat map of the Event;
(h) whether or not the Service Charge is included in the Sale Price;
(i) the Universe Per Order Fee;
(j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(k) the refund policy, if any;
(l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(e) do not infringe any third-party rights (including intellectual property rights);
(f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(h) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(i) are not defamatory, abusive, threatening or obscene;
(j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
(l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
(m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(n) cannot be construed to be associated with any terrorist organisations; and
(o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Data: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
(d) inform the Host without undue delay if it becomes aware of a personal data breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
(h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
(i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
(a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
“Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
“Data Controller” has the meaning given to it in EU Data Protection Legislation.
“Data Processor” has the meaning given to it in EU Data Protection Legislation.
“Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
“Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
“Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
Personal Data" has the meaning given to it in the EU Data Protection Legislation.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
“Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
“Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
“Universe Account Information” means the Personal Data you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Aland Islands Ticketmaster Suomi OY
Andorra Ticketmaster Spain S.A.U.
Austria Ticketmaster GmbH
Belgium N.V. Ticketmaster Belgium S.A.
Denmark Ticketmaster Danmark A/S
Finland Ticketmaster Suomi OY
France Ticketmaster SAS
Furstentum Liechtenstein Ticketmaster Schweiz AG
Germany Ticketmaster GmbH
Mexico Venta de Boletos por Computadora, S.A. de C.V.
Netherlands Ticketmaster BV
Norway Billettservice AS
Svalbard and Jan Mayen Billettservice AS
Spain Ticketmaster Spain S.A.U.
Sweden Ticketmaster Sverige AB
Switzerland Ticketmaster Schweiz AG
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
(c) Universe does not own any Tickets or set the Sale Price;
(d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
(f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).
5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) a seat map of the Event;
(h) whether or not the Service Charge is included in the Sale Price;
(i) the Universe Per Order Fee;
(j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(k) the refund policy, if any;
(l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(e) do not infringe any third-party rights (including intellectual property rights);
(f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(h) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(i) are not defamatory, abusive, threatening or obscene;
(j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
(l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
(m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(n) cannot be construed to be associated with any terrorist organisations; and
(o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Data: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
(d) inform the Host without undue delay if it becomes aware of a personal data breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
(h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
(i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
(a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
“Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
“Data Controller” has the meaning given to it in EU Data Protection Legislation.
“Data Processor” has the meaning given to it in EU Data Protection Legislation.
“Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
“Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
“Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
Personal Data" has the meaning given to it in the EU Data Protection Legislation.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
“Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
“Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
“Universe Account Information” means the Personal Data you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Aland Islands Ticketmaster Suomi OY
Andorra Ticketmaster Spain S.A.U.
Austria Ticketmaster GmbH
Belgium N.V. Ticketmaster Belgium S.A.
Denmark Ticketmaster Danmark A/S
Finland Ticketmaster Suomi OY
France Ticketmaster SAS
Furstentum Liechtenstein Ticketmaster Schweiz AG
Germany Ticketmaster GmbH
Mexico Venta de Boletos por Computadora, S.A. de C.V.
Netherlands Ticketmaster BV
Norway Billettservice AS
Svalbard and Jan Mayen Billettservice AS
Spain Ticketmaster Spain S.A.U.
Sweden Ticketmaster Sverige AB
Switzerland Ticketmaster Schweiz AG
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
(c) Universe does not own any Tickets or set the Sale Price;
(d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
(f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).
5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) a seat map of the Event;
(h) whether or not the Service Charge is included in the Sale Price;
(i) the Universe Per Order Fee;
(j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(k) the refund policy, if any;
(l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(e) do not infringe any third-party rights (including intellectual property rights);
(f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(h) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(i) are not defamatory, abusive, threatening or obscene;
(j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
(l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
(m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(n) cannot be construed to be associated with any terrorist organisations; and
(o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Data: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
(d) inform the Host without undue delay if it becomes aware of a personal data breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
(h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
(i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
(a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
“Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
“Data Controller” has the meaning given to it in EU Data Protection Legislation.
“Data Processor” has the meaning given to it in EU Data Protection Legislation.
“Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
“Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
“Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
Personal Data" has the meaning given to it in the EU Data Protection Legislation.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
“Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
“Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
“Universe Account Information” means the Personal Data you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Aland Islands Ticketmaster Suomi OY
Andorra Ticketmaster Spain S.A.U.
Austria Ticketmaster GmbH
Belgium N.V. Ticketmaster Belgium S.A.
Denmark Ticketmaster Danmark A/S
Finland Ticketmaster Suomi OY
France Ticketmaster SAS
Furstentum Liechtenstein Ticketmaster Schweiz AG
Germany Ticketmaster GmbH
Mexico Venta de Boletos por Computadora, S.A. de C.V.
Netherlands Ticketmaster BV
Norway Billettservice AS
Svalbard and Jan Mayen Billettservice AS
Spain Ticketmaster Spain S.A.U.
Sweden Ticketmaster Sverige AB
Switzerland Ticketmaster Schweiz AG
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
(c) Universe does not own any Tickets or set the Sale Price;
(d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
(f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).
5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) a seat map of the Event;
(h) whether or not the Service Charge is included in the Sale Price;
(i) the Universe Per Order Fee;
(j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(k) the refund policy, if any;
(l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(e) do not infringe any third-party rights (including intellectual property rights);
(f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(h) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(i) are not defamatory, abusive, threatening or obscene;
(j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
(l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
(m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(n) cannot be construed to be associated with any terrorist organisations; and
(o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Data: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
(d) inform the Host without undue delay if it becomes aware of a personal data breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
(h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
(i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
(a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
“Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
“Data Controller” has the meaning given to it in EU Data Protection Legislation.
“Data Processor” has the meaning given to it in EU Data Protection Legislation.
“Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
“Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
“Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
Personal Data" has the meaning given to it in the EU Data Protection Legislation.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
“Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
“Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
“Universe Account Information” means the Personal Data you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Aland Islands Ticketmaster Suomi OY
Andorra Ticketmaster Spain S.A.U.
Austria Ticketmaster GmbH
Belgium N.V. Ticketmaster Belgium S.A.
Denmark Ticketmaster Danmark A/S
Finland Ticketmaster Suomi OY
France Ticketmaster SAS
Furstentum Liechtenstein Ticketmaster Schweiz AG
Germany Ticketmaster GmbH
Mexico Venta de Boletos por Computadora, S.A. de C.V.
Netherlands Ticketmaster BV
Norway Billettservice AS
Svalbard and Jan Mayen Billettservice AS
Spain Ticketmaster Spain S.A.U.
Sweden Ticketmaster Sverige AB
Switzerland Ticketmaster Schweiz AG
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
(c) Universe does not own any Tickets or set the Sale Price;
(d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
(f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).
5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Sale Price of each Ticket;
(g) a seat map of the Event;
(h) whether or not the Service Charge is included in the Sale Price;
(i) the Universe Per Order Fee;
(j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(k) the refund policy, if any;
(l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(e) do not infringe any third-party rights (including intellectual property rights);
(f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(h) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(i) are not defamatory, abusive, threatening or obscene;
(j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
(l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
(m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(n) cannot be construed to be associated with any terrorist organisations; and
(o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Data: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
(d) inform the Host without undue delay if it becomes aware of a personal data breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
(h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
(i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
(a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
“Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
“Data Controller” has the meaning given to it in EU Data Protection Legislation.
“Data Processor” has the meaning given to it in EU Data Protection Legislation.
“Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
“Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
“Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
Personal Data" has the meaning given to it in the EU Data Protection Legislation.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
“Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
“Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
“Universe Account Information” means the Personal Data you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
Please ensure you read the Terms and Conditions below in full, it covers important terms and conditions that apply to your listing, tickets and any additional package or item that you purchase. In particular, we draw the following provisions to your attention:
a. Universe provides an online platform to facilitate the sale and purchase of Tickets and Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
b. Subject to the Host’s refund policy as specified in a Listing, Buyers will only be entitled to a refund in limited circumstances as set out in these Terms and Conditions, unless required by applicable law. See Cancelled, Rescheduled and Postponed Events (paragraph 10), Enforcement Action Against Hosts (paragraph 13), Cancellation and Refunds (paragraph 15) and Enforcement Action Against Buyers (paragraph 16). Where refunds are payable, it will be the Host and not Universe that will be responsible for refunds (unless caused by Universe and required by law).
c. Universe limits its liability for loss suffered by you at an event or as a result the cancellation or rescheduling an event, or the actions of another User. See Universe and User Content (paragraph 4.4), Compliance (paragraph 5.7), Refunds (paragraph 8.3), Chargebacks (paragraph 9.1), Donations (paragraph 14.11) Disputes (paragraph 15.3) and Liability (paragraph 24).
d. Universe may remove your listing or cancel your order if you do not comply with, and otherwise as set out in, these Terms and Conditions. See Event Cancellation, Rescheduling or Alteration (paragraph 5.10), Enforcement Action Against Hosts (paragraph 13), Approval Settings (paragraph 14.5) Enforcement Action Against Buyers (paragraph 16), Termination by Universe (paragraph 20.2).
e. Universe may withhold an amount of sale proceeds from a Host where it is reasonably satisfied that there is an increased risk of chargebacks or refund requests. See Withholding Payment (paragraph 7.6) and Chargebacks (paragraph 9).
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Australia Ticketmaster Australasia Pty Ltd ABN 49 089 258 837
New Zealand Ticketmaster NZ Limited NZBN 9429035032885
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
Universe does not own any Tickets or set the Sale Price;
(c) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(d) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems (acting reasonably) inappropriate from the Universe website (“Website”);
(e) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk; and
Universe is not an event organiser or promoter.
Therefore, to the maximum extent permitted by law, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case. It is the Host (and not Universe) that is responsible for any refunds (unless required by law).
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be communicated via the Contact Host or Contact Support (as applicable) button on the relevant Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Conflict between Laws and these Terms and Conditions: Where any applicable law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable in the state or country in which an event takes place will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies. These Terms and Conditions do not affect your rights under the Australian Consumer Law for events in Australia or New Zealand Consumer Law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) (“NZ Consumer Law”) for events in New Zealand.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if reasonably required by us, or as desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 Universe may also offer the option to register a Universe Account by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a business or ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then you must register with us as a ‘Business Seller’. If you are a Business Seller, you may be required to provide potential buyers with a geographical address, telephone number, email address and/or ABN or NZBN (as applicable) before any tickets are purchased, which may be displayed to Buyers at the time of purchase and, where required by applicable law, must be included in invoices and/or receipts issued to Buyers.
3. YOUR ACCOUNT
3.1 Password: You are responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password unless the disclosure is caused by Universe. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website as set out in these Terms and Conditions.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside Australia or New Zealand may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.2 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.3 Universe and User Content: To the maximum extent permitted by law, Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable to the extent permitted by law for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Permissible Listing Purposes: The Universe platform must only be used for the purposes of listing and purchasing Tickets for an Event (and any non-Ticket items that may be directly associated with the purchase of a Ticket for that Event, such as merchandise, add-on experiences, food and beverage at the event or Ticket upgrades) that the Host has the rights to offer Tickets and non-Ticket items for sale for. The Universe platform must not be used for any other purpose.
5.2 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.3 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.4 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) may be required to provide a geographical address and email address to Buyers before they purchase any Ticket. Accordingly, where required, these details must be included in the Listing.
5.5 Service Charge Preference: The Host can elect whether the Service Charge will be
(a) included in the base Sale Price you have nominated (in which case such amount will be collected by Universe prior to settlement of sales proceeds); or
(b) added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer).
The Service Charge, will be included in the Total Sale Price displayed to Buyers on the Listing during the purchase process. If the Host does not specify a preference then the Service Charge then it will be added to the base Sale Price and collected from the Buyer in accordance with paragraph 5.5(b).
5.6 Listing Description: The Host must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) Sale Price of each Ticket (inclusive of all GST and Seller-imposed fees and charges applicable to the Ticket but excluding the Service Charge and the Universe Per Order Fee, which will be added to the Listing automatically);
(g) a seat map of the Event (if applicable);
(h) confirmation that applicable taxes are included in the Transaction Value;
(i) whether the Service Charge will be included in the base Sale Price or added to the nominated base Sale Price;
(j) the Universe Per Order Fee (if applicable);
(k) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(l) the refund policy (in addition to any refund rights under Australian Consumer Law or the NZ Consumer Law, as applicable, or these Terms and Conditions), if any;
(m) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(n) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(o) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(p) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.7 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. To the maximum extent permitted by law, Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.8 Donations: The Host agrees that where it provides the option for a Buyer to make a donation to a cause or charity, it will be solely responsible for complying with all state and federal laws and regulations, and shall obtain and hold all necessary permissions, licences and registrations required to solicit and receive money or any other benefit through the collection of donations as a fundraiser. If a Host collects charity donations, Universe may request, and the Host shall promptly provide all details on its Universe account, including its ABN and Deductible Gift Recipient (DGR) status if the Host is based in Australia or its NZBN and donee organisation approval status if the Host is based in New Zealand, which the Host shall be responsible for ensuring remain current and correct. If the Host is not entitled by law to retain a donation or is obliged by law to return a donation, the Host is solely responsible for returning donated amounts to the relevant Buyers in full and for the payment of any associated penalties.
5.9 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that they create:
relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(a) include accurate and transparent Ticket prices and information relating to all additional charges and GST which will be incurred by Buyers;
(b) if booked, will be honoured, unless otherwise agreed with the Buyer;
(c) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(d) do not infringe any third-party rights (including intellectual property rights);
(e) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not, to the best of Host’s knowledge after Host has made reasonable inquiries, comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable local, national or international law or regulation, and the Host warrants that the Host holds all necessary permissions, licences and registrations to conduct the Event;
(l) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collection of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(m) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collecti~(l) on of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(n) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(o) cannot reasonably be construed (in Universe’s opinion acting reasonably) to be associated with any terrorist organisations; and
(p) do not contain political campaigning, commercial solicitation, chain letters or mass mailings and otherwise comply with the Data Protection Legislation, and the Spam Act 2003 (Cth) in Australia or the Unsolicited Electronic Messages Act 2007 in New Zealand.
5.10 Applicable Taxes: The Host is responsible for ensuring that the Sale Price includes all taxes required on Listings, including the applicable Goods and Services Tax (GST). It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Tickets. You may also be required to provide a valid GST invoice in respect of the order when requested to do so by a buyer. If in doubt about any of your tax obligations, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. GST-registered Hosts should contact support@universe.com.
5.11 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.12 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or materially altered , this shall be the Host’s sole responsibility and the Host must communicate details of the cancellation, re-schedule or alteration (and any entitlement for Buyers to obtain a remedy under these Terms and Conditions or under applicable laws, including the Australian Consumer Law or NZ Consumer Law, as applicable) as soon as reasonably practicable to Buyers in a clear manner. The Listing must be updated or removed by the Host (as the case may be) and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.13 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Method options when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement other than as provided in these Terms and Conditions or where the dispute relates to a service provided by Universe to the Buyer.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable laws (including the Australian Consumer Law or NZ Consumer Law, as applicable) these Terms and Conditions or the refund policy for the Event, the Sale Price proceeds (less any Service Charges due to Universe) due to the Host from the Transactions will be made available approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing accurate bank account and payment information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall make funds available to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount. Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion (acting reasonably). Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion (acting reasonably), believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Refunds: If a Buyer is entitled to a refund in accordance with these Terms and Conditions or applicable law, or the Host otherwise grants a Buyer a refund, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to facilitate the payment of the refund to the Buyer. Universe will not pay any refund unless and until the Host has provided sufficient funds in the Host’s Universe account. The Host will be charged the Service Charge, which shall be retained by Universe. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Host.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website (for Australia or New Zealand, as applicable), Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments. Your use of Stripe Payments will be subject to any terms and conditions you agree with Stripe.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price (less the Service Charges if payable by the Host) will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer is entitled to a refund in accordance with these Terms and Conditions, the Host’s refund policy or applicable law, Universe shall have no liability to Buyers (unless otherwise required by law), and refunds of the Sale Price shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other Transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all Service Charges and related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold a reasonable amount of Host’s proceeds for up to six months if, in Universe’s reasonable opinion, there is a likelihood of chargebacks in respect of the Host’s Listing. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion or where permitted under the Host’s refund policy or required by applicable law.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Total Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event (such notice to be provided by the Host to the Buyer as soon as reasonably practicable), and the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee.
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), refunds will only be provided where required by law or at the discretion of the Host, provided that the Buyer requests the refund from the Host within a reasonable period following notice of the material alteration. The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. For the avoidance of doubt, the following will not generally be material alterations the use of understudies in theatre performances; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and reasonable delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data independently for its own purposes. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host processes the Host Copy Data from the point at which it is passed or made available to the Host independently for its own purposes.
11.3 Universe and the Host are individually and separately responsible for complying with its obligations as applicable under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from a Personal Information Breach.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools on behalf of the Host, paragraphs 11.5 to 11.8 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Information: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the Data Protection Legislation;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against a Personal Information Breach;
(d) inform the Host if it becomes aware of a Personal Information Breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the Data Protection Legislation, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe on behalf of the Host;
(f) at the request of the Host, provide evidence of its compliance with paragraphs 11.5 to 11.8 inclusive and permit the Host to carry out a documentary audit of such compliance no more than once annually;
(g) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the country of origin unless it has a lawful basis for the transfer; and
(h) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Information under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Information (including instructions in connection with requests from individuals exercising their rights under Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorised person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorised users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice as required under relevant laws including the Data Protection Legislation; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(a) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(b) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(c) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without, to the maximum extent permitted by law, any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Removal of Listings: Universe reserves the right to suspend or remove any Listings and/or suspend or cancel a Transaction and/or a Host’s Account in any of the following circumstances, if:
(a) Universe reasonably suspects that the Host is unable to pay its debts or Universe is otherwise entitled to terminate your account in accordance with paragraph 20.1;
(b) Universe reasonably suspects that the Host is unable to put on the event or otherwise meet its obligations to Buyers under these Terms and Conditions;
(c) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Listings or Transactions;
(d) Universe reasonably suspects any unauthorised use of a Host’s Account and/or of the Universe Services;
(e) a Listing does not comply with applicable legislation; and/or
(f) a breach of these Terms and Conditions occurs.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise outside of Universe’s reasonable control and Hosts will only do so in their sole discretion (acting reasonably) or as otherwise required under law (including but not limited to the Australian Consumer Law and NZ Consumer Law, as applicable).
14.4 Payment Information: The Buyer warrants and represents that they are authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that the applicable third-party payment processor, may debit the Transaction Value from the method of payment provided by the Buyer.
14.8 Ticket Resale: There are laws in place in some locations that prohibit resale of tickets to certain events or limit the prices at which they may be resold (Price Cap) and penalties may apply for non-compliance. Buyers are responsible for complying with any such laws. Unless a Host expressly provides otherwise, Tickets may not be resold or offered at a premium (above the Total Ticket Sale Price or statutory Price Cap, where applicable) or used for advertising, promotion or other commercial purposes. Universe cannot guarantee the authenticity of tickets purchased from any unauthorised third-party resellers or resale sites.
14.9 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.10 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.11 Donations: Hosts may offer Buyers the option to donate to a specified cause or charity. Where the Host offers a Buyer the option to donate, the Host is responsible for providing accurate and complete information about the relevant cause or charity, and for ensuring it holds all registrations and/or authorisations required by applicable law to collect donations where applicable. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings. Donations are subject to the same fees and charges as Tickets.
14.12 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above, and as specified as the Host’s refund policy at the time of purchase.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions or applicable law, the Buyer must contact the Host using the contact details in the Listing. If a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds of the Sale Price on the condition that the Host has provided the funds to enable it to do so. The Universe Per Order Fee is refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its discretion (acting reasonably). Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe, acting reasonably, reserves the right to cancel or reverse a Buyer’s Transaction in any of the following circumstances if:
(a) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe reasonably suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, and ensuring compliance with all applicable laws and regulations, related to the display, description, fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY:
18.1 Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
"Data Protection Legislation" means (i) the Australian Privacy Act 1988 (Cth); (ii) the New Zealand Privacy Act 2020; and (ii) any and all data protection laws and regulations applicable in Australia and/or New Zealand including those made under or pursuant to (i), in each case as may be amended or superseded from time to time.
"Event" means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
"Feedback" means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
"Force Majeure" means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g. reporting, email management or data analytics.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
"Personal Information" has the meaning given to it in the Data Protection Legislation.
"Personal Information Breach" means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in AUD, NZD or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host (excluding the Service Charge and Universe Per Order Fee).
“Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be included in the base Sale Price (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer). The Service Charge is inclusive of GST at the then-current rate.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, which may include, but is not limited to, Facebook, Twitter and Google.
“Threshold Amount” means A$10 or NZ$10 (as applicable).
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Total Sale Price” means the total per Ticket price displayed to the Buyer, which comprises the Sale Price plus the Service Charge (but does not include the Universe Per Order fee, if applicable).
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2 (including the Universe Per Order Fee, if applicable).
“Universe Account Information” means the Personal Information you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid Tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Total Sale Price as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then-current rate.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe reasonably suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe reasonably suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to administration or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could reasonably be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;~recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the Transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms and Conditions. If Universe determines that you have violated these Terms and Conditions or any local or national law, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms and Conditions. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional, national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, to the maximum extent permitted by law, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by applicable law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeable, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by applicable law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Service who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 The above does not restrict your statutory rights (including under Australian Consumer Law or NZ Consumer Law, as applicable), your right to make a complaint to the appropriate local or national regulatory authority, or your right to pursue court or tribunal proceedings or other forms of settlement with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the state and/or country where the Event for which you are purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Contact Us
If you have any questions, comments or complaints regarding these Terms and Conditions or the Website, please contact Customer Service.
Please ensure you read the Terms and Conditions below in full, it covers important terms and conditions that apply to your listing, tickets and any additional package or item that you purchase. In particular, we draw the following provisions to your attention:
a. Universe provides an online platform to facilitate the sale and purchase of Tickets and Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
b. Subject to the Host’s refund policy as specified in a Listing, Buyers will only be entitled to a refund in limited circumstances as set out in these Terms and Conditions, unless required by applicable law. See Cancelled, Rescheduled and Postponed Events (paragraph 10), Enforcement Action Against Hosts (paragraph 13), Cancellation and Refunds (paragraph 15) and Enforcement Action Against Buyers (paragraph 16). Where refunds are payable, it will be the Host and not Universe that will be responsible for refunds (unless caused by Universe and required by law).
c. Universe limits its liability for loss suffered by you at an event or as a result the cancellation or rescheduling an event, or the actions of another User. See Universe and User Content (paragraph 4.4), Compliance (paragraph 5.7), Refunds (paragraph 8.3), Chargebacks (paragraph 9.1), Donations (paragraph 14.11) Disputes (paragraph 15.3) and Liability (paragraph 24).
d. Universe may remove your listing or cancel your order if you do not comply with, and otherwise as set out in, these Terms and Conditions. See Event Cancellation, Rescheduling or Alteration (paragraph 5.10), Enforcement Action Against Hosts (paragraph 13), Approval Settings (paragraph 14.5) Enforcement Action Against Buyers (paragraph 16), Termination by Universe (paragraph 20.2).
e. Universe may withhold an amount of sale proceeds from a Host where it is reasonably satisfied that there is an increased risk of chargebacks or refund requests. See Withholding Payment (paragraph 7.6) and Chargebacks (paragraph 9).
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Australia Ticketmaster Australasia Pty Ltd ABN 49 089 258 837
New Zealand Ticketmaster NZ Limited NZBN 9429035032885
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
Universe does not own any Tickets or set the Sale Price;
(c) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(d) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems (acting reasonably) inappropriate from the Universe website (“Website”);
(e) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk; and
Universe is not an event organiser or promoter.
Therefore, to the maximum extent permitted by law, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case. It is the Host (and not Universe) that is responsible for any refunds (unless required by law).
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be communicated via the Contact Host or Contact Support (as applicable) button on the relevant Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Conflict between Laws and these Terms and Conditions: Where any applicable law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable in the state or country in which an event takes place will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies. These Terms and Conditions do not affect your rights under the Australian Consumer Law for events in Australia or New Zealand Consumer Law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) (“NZ Consumer Law”) for events in New Zealand.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if reasonably required by us, or as desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 Universe may also offer the option to register a Universe Account by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a business or ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then you must register with us as a ‘Business Seller’. If you are a Business Seller, you may be required to provide potential buyers with a geographical address, telephone number, email address and/or ABN or NZBN (as applicable) before any tickets are purchased, which may be displayed to Buyers at the time of purchase and, where required by applicable law, must be included in invoices and/or receipts issued to Buyers.
3. YOUR ACCOUNT
3.1 Password: You are responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password unless the disclosure is caused by Universe. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website as set out in these Terms and Conditions.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside Australia or New Zealand may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.2 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.3 Universe and User Content: To the maximum extent permitted by law, Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable to the extent permitted by law for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Permissible Listing Purposes: The Universe platform must only be used for the purposes of listing and purchasing Tickets for an Event (and any non-Ticket items that may be directly associated with the purchase of a Ticket for that Event, such as merchandise, add-on experiences, food and beverage at the event or Ticket upgrades) that the Host has the rights to offer Tickets and non-Ticket items for sale for. The Universe platform must not be used for any other purpose.
5.2 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.3 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.4 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) may be required to provide a geographical address and email address to Buyers before they purchase any Ticket. Accordingly, where required, these details must be included in the Listing.
5.5 Service Charge Preference: The Host can elect whether the Service Charge will be
(a) included in the base Sale Price you have nominated (in which case such amount will be collected by Universe prior to settlement of sales proceeds); or
(b) added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer).
The Service Charge, will be included in the Total Sale Price displayed to Buyers on the Listing during the purchase process. If the Host does not specify a preference then the Service Charge then it will be added to the base Sale Price and collected from the Buyer in accordance with paragraph 5.5(b).
5.6 Listing Description: The Host must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) Sale Price of each Ticket (inclusive of all GST and Seller-imposed fees and charges applicable to the Ticket but excluding the Service Charge and the Universe Per Order Fee, which will be added to the Listing automatically);
(g) a seat map of the Event (if applicable);
(h) confirmation that applicable taxes are included in the Transaction Value;
(i) whether the Service Charge will be included in the base Sale Price or added to the nominated base Sale Price;
(j) the Universe Per Order Fee (if applicable);
(k) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(l) the refund policy (in addition to any refund rights under Australian Consumer Law or the NZ Consumer Law, as applicable, or these Terms and Conditions), if any;
(m) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(n) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(o) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(p) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.7 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. To the maximum extent permitted by law, Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.8 Donations: The Host agrees that where it provides the option for a Buyer to make a donation to a cause or charity, it will be solely responsible for complying with all state and federal laws and regulations, and shall obtain and hold all necessary permissions, licences and registrations required to solicit and receive money or any other benefit through the collection of donations as a fundraiser. If a Host collects charity donations, Universe may request, and the Host shall promptly provide all details on its Universe account, including its ABN and Deductible Gift Recipient (DGR) status if the Host is based in Australia or its NZBN and donee organisation approval status if the Host is based in New Zealand, which the Host shall be responsible for ensuring remain current and correct. If the Host is not entitled by law to retain a donation or is obliged by law to return a donation, the Host is solely responsible for returning donated amounts to the relevant Buyers in full and for the payment of any associated penalties.
5.9 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that they create:
relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(a) include accurate and transparent Ticket prices and information relating to all additional charges and GST which will be incurred by Buyers;
(b) if booked, will be honoured, unless otherwise agreed with the Buyer;
(c) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(d) do not infringe any third-party rights (including intellectual property rights);
(e) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not, to the best of Host’s knowledge after Host has made reasonable inquiries, comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable local, national or international law or regulation, and the Host warrants that the Host holds all necessary permissions, licences and registrations to conduct the Event;
(l) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collection of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(m) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collecti~(l) on of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(n) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(o) cannot reasonably be construed (in Universe’s opinion acting reasonably) to be associated with any terrorist organisations; and
(p) do not contain political campaigning, commercial solicitation, chain letters or mass mailings and otherwise comply with the Data Protection Legislation, and the Spam Act 2003 (Cth) in Australia or the Unsolicited Electronic Messages Act 2007 in New Zealand.
5.10 Applicable Taxes: The Host is responsible for ensuring that the Sale Price includes all taxes required on Listings, including the applicable Goods and Services Tax (GST). It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Tickets. You may also be required to provide a valid GST invoice in respect of the order when requested to do so by a buyer. If in doubt about any of your tax obligations, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. GST-registered Hosts should contact support@universe.com.
5.11 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.12 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or materially altered , this shall be the Host’s sole responsibility and the Host must communicate details of the cancellation, re-schedule or alteration (and any entitlement for Buyers to obtain a remedy under these Terms and Conditions or under applicable laws, including the Australian Consumer Law or NZ Consumer Law, as applicable) as soon as reasonably practicable to Buyers in a clear manner. The Listing must be updated or removed by the Host (as the case may be) and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.13 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Method options when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement other than as provided in these Terms and Conditions or where the dispute relates to a service provided by Universe to the Buyer.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable laws (including the Australian Consumer Law or NZ Consumer Law, as applicable) these Terms and Conditions or the refund policy for the Event, the Sale Price proceeds (less any Service Charges due to Universe) due to the Host from the Transactions will be made available approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing accurate bank account and payment information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall make funds available to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount. Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion (acting reasonably). Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion (acting reasonably), believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Refunds: If a Buyer is entitled to a refund in accordance with these Terms and Conditions or applicable law, or the Host otherwise grants a Buyer a refund, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to facilitate the payment of the refund to the Buyer. Universe will not pay any refund unless and until the Host has provided sufficient funds in the Host’s Universe account. The Host will be charged the Service Charge, which shall be retained by Universe. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Host.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website (for Australia or New Zealand, as applicable), Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments. Your use of Stripe Payments will be subject to any terms and conditions you agree with Stripe.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price (less the Service Charges if payable by the Host) will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer is entitled to a refund in accordance with these Terms and Conditions, the Host’s refund policy or applicable law, Universe shall have no liability to Buyers (unless otherwise required by law), and refunds of the Sale Price shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other Transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all Service Charges and related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold a reasonable amount of Host’s proceeds for up to six months if, in Universe’s reasonable opinion, there is a likelihood of chargebacks in respect of the Host’s Listing. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion or where permitted under the Host’s refund policy or required by applicable law.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Total Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event (such notice to be provided by the Host to the Buyer as soon as reasonably practicable), and the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee.
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), refunds will only be provided where required by law or at the discretion of the Host, provided that the Buyer requests the refund from the Host within a reasonable period following notice of the material alteration. The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. For the avoidance of doubt, the following will not generally be material alterations the use of understudies in theatre performances; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and reasonable delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data independently for its own purposes. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host processes the Host Copy Data from the point at which it is passed or made available to the Host independently for its own purposes.
11.3 Universe and the Host are individually and separately responsible for complying with its obligations as applicable under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from a Personal Information Breach.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools on behalf of the Host, paragraphs 11.5 to 11.8 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Information: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the Data Protection Legislation;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against a Personal Information Breach;
(d) inform the Host if it becomes aware of a Personal Information Breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the Data Protection Legislation, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe on behalf of the Host;
(f) at the request of the Host, provide evidence of its compliance with paragraphs 11.5 to 11.8 inclusive and permit the Host to carry out a documentary audit of such compliance no more than once annually;
(g) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the country of origin unless it has a lawful basis for the transfer; and
(h) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Information under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Information (including instructions in connection with requests from individuals exercising their rights under Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorised person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorised users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice as required under relevant laws including the Data Protection Legislation; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(a) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(b) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(c) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without, to the maximum extent permitted by law, any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Removal of Listings: Universe reserves the right to suspend or remove any Listings and/or suspend or cancel a Transaction and/or a Host’s Account in any of the following circumstances, if:
(a) Universe reasonably suspects that the Host is unable to pay its debts or Universe is otherwise entitled to terminate your account in accordance with paragraph 20.1;
(b) Universe reasonably suspects that the Host is unable to put on the event or otherwise meet its obligations to Buyers under these Terms and Conditions;
(c) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Listings or Transactions;
(d) Universe reasonably suspects any unauthorised use of a Host’s Account and/or of the Universe Services;
(e) a Listing does not comply with applicable legislation; and/or
(f) a breach of these Terms and Conditions occurs.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise outside of Universe’s reasonable control and Hosts will only do so in their sole discretion (acting reasonably) or as otherwise required under law (including but not limited to the Australian Consumer Law and NZ Consumer Law, as applicable).
14.4 Payment Information: The Buyer warrants and represents that they are authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that the applicable third-party payment processor, may debit the Transaction Value from the method of payment provided by the Buyer.
14.8 Ticket Resale: There are laws in place in some locations that prohibit resale of tickets to certain events or limit the prices at which they may be resold (Price Cap) and penalties may apply for non-compliance. Buyers are responsible for complying with any such laws. Unless a Host expressly provides otherwise, Tickets may not be resold or offered at a premium (above the Total Ticket Sale Price or statutory Price Cap, where applicable) or used for advertising, promotion or other commercial purposes. Universe cannot guarantee the authenticity of tickets purchased from any unauthorised third-party resellers or resale sites.
14.9 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.10 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.11 Donations: Hosts may offer Buyers the option to donate to a specified cause or charity. Where the Host offers a Buyer the option to donate, the Host is responsible for providing accurate and complete information about the relevant cause or charity, and for ensuring it holds all registrations and/or authorisations required by applicable law to collect donations where applicable. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings. Donations are subject to the same fees and charges as Tickets.
14.12 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above, and as specified as the Host’s refund policy at the time of purchase.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions or applicable law, the Buyer must contact the Host using the contact details in the Listing. If a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds of the Sale Price on the condition that the Host has provided the funds to enable it to do so. The Universe Per Order Fee is refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its discretion (acting reasonably). Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe, acting reasonably, reserves the right to cancel or reverse a Buyer’s Transaction in any of the following circumstances if:
(a) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe reasonably suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, and ensuring compliance with all applicable laws and regulations, related to the display, description, fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY:
18.1 Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
"Data Protection Legislation" means (i) the Australian Privacy Act 1988 (Cth); (ii) the New Zealand Privacy Act 2020; and (ii) any and all data protection laws and regulations applicable in Australia and/or New Zealand including those made under or pursuant to (i), in each case as may be amended or superseded from time to time.
"Event" means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
"Feedback" means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
"Force Majeure" means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g. reporting, email management or data analytics.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
"Personal Information" has the meaning given to it in the Data Protection Legislation.
"Personal Information Breach" means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in AUD, NZD or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host (excluding the Service Charge and Universe Per Order Fee).
“Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be included in the base Sale Price (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer). The Service Charge is inclusive of GST at the then-current rate.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, which may include, but is not limited to, Facebook, Twitter and Google.
“Threshold Amount” means A$10 or NZ$10 (as applicable).
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Total Sale Price” means the total per Ticket price displayed to the Buyer, which comprises the Sale Price plus the Service Charge (but does not include the Universe Per Order fee, if applicable).
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2 (including the Universe Per Order Fee, if applicable).
“Universe Account Information” means the Personal Information you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid Tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Total Sale Price as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then-current rate.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe reasonably suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe reasonably suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to administration or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could reasonably be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;~recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the Transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms and Conditions. If Universe determines that you have violated these Terms and Conditions or any local or national law, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms and Conditions. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional, national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, to the maximum extent permitted by law, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by applicable law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeable, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by applicable law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Service who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 The above does not restrict your statutory rights (including under Australian Consumer Law or NZ Consumer Law, as applicable), your right to make a complaint to the appropriate local or national regulatory authority, or your right to pursue court or tribunal proceedings or other forms of settlement with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the state and/or country where the Event for which you are purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Contact Us
If you have any questions, comments or complaints regarding these Terms and Conditions or the Website, please contact Customer Service.
Please ensure you read the Terms and Conditions below in full, it covers important terms and conditions that apply to your listing, tickets and any additional package or item that you purchase. In particular, we draw the following provisions to your attention:
a. Universe provides an online platform to facilitate the sale and purchase of Tickets and Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
b. Subject to the Host’s refund policy as specified in a Listing, Buyers will only be entitled to a refund in limited circumstances as set out in these Terms and Conditions, unless required by applicable law. See Cancelled, Rescheduled and Postponed Events (paragraph 10), Enforcement Action Against Hosts (paragraph 13), Cancellation and Refunds (paragraph 15) and Enforcement Action Against Buyers (paragraph 16). Where refunds are payable, it will be the Host and not Universe that will be responsible for refunds (unless caused by Universe and required by law).
c. Universe limits its liability for loss suffered by you at an event or as a result the cancellation or rescheduling an event, or the actions of another User. See Universe and User Content (paragraph 4.4), Compliance (paragraph 5.7), Refunds (paragraph 8.3), Chargebacks (paragraph 9.1), Donations (paragraph 14.11) Disputes (paragraph 15.3) and Liability (paragraph 24).
d. Universe may remove your listing or cancel your order if you do not comply with, and otherwise as set out in, these Terms and Conditions. See Event Cancellation, Rescheduling or Alteration (paragraph 5.10), Enforcement Action Against Hosts (paragraph 13), Approval Settings (paragraph 14.5) Enforcement Action Against Buyers (paragraph 16), Termination by Universe (paragraph 20.2).
e. Universe may withhold an amount of sale proceeds from a Host where it is reasonably satisfied that there is an increased risk of chargebacks or refund requests. See Withholding Payment (paragraph 7.6) and Chargebacks (paragraph 9).
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Australia Ticketmaster Australasia Pty Ltd ABN 49 089 258 837
New Zealand Ticketmaster NZ Limited NZBN 9429035032885
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
Universe does not own any Tickets or set the Sale Price;
(c) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(d) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems (acting reasonably) inappropriate from the Universe website (“Website”);
(e) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk; and
Universe is not an event organiser or promoter.
Therefore, to the maximum extent permitted by law, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case. It is the Host (and not Universe) that is responsible for any refunds (unless required by law).
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be communicated via the Contact Host or Contact Support (as applicable) button on the relevant Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Conflict between Laws and these Terms and Conditions: Where any applicable law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable in the state or country in which an event takes place will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies. These Terms and Conditions do not affect your rights under the Australian Consumer Law for events in Australia or New Zealand Consumer Law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) (“NZ Consumer Law”) for events in New Zealand.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if reasonably required by us, or as desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 Universe may also offer the option to register a Universe Account by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a business or ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then you must register with us as a ‘Business Seller’. If you are a Business Seller, you may be required to provide potential buyers with a geographical address, telephone number, email address and/or ABN or NZBN (as applicable) before any tickets are purchased, which may be displayed to Buyers at the time of purchase and, where required by applicable law, must be included in invoices and/or receipts issued to Buyers.
3. YOUR ACCOUNT
3.1 Password: You are responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password unless the disclosure is caused by Universe. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website as set out in these Terms and Conditions.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside Australia or New Zealand may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.2 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.3 Universe and User Content: To the maximum extent permitted by law, Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable to the extent permitted by law for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Permissible Listing Purposes: The Universe platform must only be used for the purposes of listing and purchasing Tickets for an Event (and any non-Ticket items that may be directly associated with the purchase of a Ticket for that Event, such as merchandise, add-on experiences, food and beverage at the event or Ticket upgrades) that the Host has the rights to offer Tickets and non-Ticket items for sale for. The Universe platform must not be used for any other purpose.
5.2 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.3 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.4 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) may be required to provide a geographical address and email address to Buyers before they purchase any Ticket. Accordingly, where required, these details must be included in the Listing.
5.5 Service Charge Preference: The Host can elect whether the Service Charge will be
(a) included in the base Sale Price you have nominated (in which case such amount will be collected by Universe prior to settlement of sales proceeds); or
(b) added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer).
The Service Charge, will be included in the Total Sale Price displayed to Buyers on the Listing during the purchase process. If the Host does not specify a preference then the Service Charge then it will be added to the base Sale Price and collected from the Buyer in accordance with paragraph 5.5(b).
5.6 Listing Description: The Host must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) Sale Price of each Ticket (inclusive of all GST and Seller-imposed fees and charges applicable to the Ticket but excluding the Service Charge and the Universe Per Order Fee, which will be added to the Listing automatically);
(g) a seat map of the Event (if applicable);
(h) confirmation that applicable taxes are included in the Transaction Value;
(i) whether the Service Charge will be included in the base Sale Price or added to the nominated base Sale Price;
(j) the Universe Per Order Fee (if applicable);
(k) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(l) the refund policy (in addition to any refund rights under Australian Consumer Law or the NZ Consumer Law, as applicable, or these Terms and Conditions), if any;
(m) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(n) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(o) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(p) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.7 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. To the maximum extent permitted by law, Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.8 Donations: The Host agrees that where it provides the option for a Buyer to make a donation to a cause or charity, it will be solely responsible for complying with all state and federal laws and regulations, and shall obtain and hold all necessary permissions, licences and registrations required to solicit and receive money or any other benefit through the collection of donations as a fundraiser. If a Host collects charity donations, Universe may request, and the Host shall promptly provide all details on its Universe account, including its ABN and Deductible Gift Recipient (DGR) status if the Host is based in Australia or its NZBN and donee organisation approval status if the Host is based in New Zealand, which the Host shall be responsible for ensuring remain current and correct. If the Host is not entitled by law to retain a donation or is obliged by law to return a donation, the Host is solely responsible for returning donated amounts to the relevant Buyers in full and for the payment of any associated penalties.
5.9 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that they create:
relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(a) include accurate and transparent Ticket prices and information relating to all additional charges and GST which will be incurred by Buyers;
(b) if booked, will be honoured, unless otherwise agreed with the Buyer;
(c) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(d) do not infringe any third-party rights (including intellectual property rights);
(e) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not, to the best of Host’s knowledge after Host has made reasonable inquiries, comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable local, national or international law or regulation, and the Host warrants that the Host holds all necessary permissions, licences and registrations to conduct the Event;
(l) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collection of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(m) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collecti~(l) on of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(n) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(o) cannot reasonably be construed (in Universe’s opinion acting reasonably) to be associated with any terrorist organisations; and
(p) do not contain political campaigning, commercial solicitation, chain letters or mass mailings and otherwise comply with the Data Protection Legislation, and the Spam Act 2003 (Cth) in Australia or the Unsolicited Electronic Messages Act 2007 in New Zealand.
5.10 Applicable Taxes: The Host is responsible for ensuring that the Sale Price includes all taxes required on Listings, including the applicable Goods and Services Tax (GST). It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Tickets. You may also be required to provide a valid GST invoice in respect of the order when requested to do so by a buyer. If in doubt about any of your tax obligations, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. GST-registered Hosts should contact support@universe.com.
5.11 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.12 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or materially altered , this shall be the Host’s sole responsibility and the Host must communicate details of the cancellation, re-schedule or alteration (and any entitlement for Buyers to obtain a remedy under these Terms and Conditions or under applicable laws, including the Australian Consumer Law or NZ Consumer Law, as applicable) as soon as reasonably practicable to Buyers in a clear manner. The Listing must be updated or removed by the Host (as the case may be) and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.13 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Method options when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement other than as provided in these Terms and Conditions or where the dispute relates to a service provided by Universe to the Buyer.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable laws (including the Australian Consumer Law or NZ Consumer Law, as applicable) these Terms and Conditions or the refund policy for the Event, the Sale Price proceeds (less any Service Charges due to Universe) due to the Host from the Transactions will be made available approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing accurate bank account and payment information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall make funds available to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount. Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion (acting reasonably). Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion (acting reasonably), believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Refunds: If a Buyer is entitled to a refund in accordance with these Terms and Conditions or applicable law, or the Host otherwise grants a Buyer a refund, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to facilitate the payment of the refund to the Buyer. Universe will not pay any refund unless and until the Host has provided sufficient funds in the Host’s Universe account. The Host will be charged the Service Charge, which shall be retained by Universe. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Host.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website (for Australia or New Zealand, as applicable), Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments. Your use of Stripe Payments will be subject to any terms and conditions you agree with Stripe.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price (less the Service Charges if payable by the Host) will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer is entitled to a refund in accordance with these Terms and Conditions, the Host’s refund policy or applicable law, Universe shall have no liability to Buyers (unless otherwise required by law), and refunds of the Sale Price shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other Transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all Service Charges and related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold a reasonable amount of Host’s proceeds for up to six months if, in Universe’s reasonable opinion, there is a likelihood of chargebacks in respect of the Host’s Listing. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion or where permitted under the Host’s refund policy or required by applicable law.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Total Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event (such notice to be provided by the Host to the Buyer as soon as reasonably practicable), and the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee.
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), refunds will only be provided where required by law or at the discretion of the Host, provided that the Buyer requests the refund from the Host within a reasonable period following notice of the material alteration. The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. For the avoidance of doubt, the following will not generally be material alterations the use of understudies in theatre performances; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and reasonable delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data independently for its own purposes. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host processes the Host Copy Data from the point at which it is passed or made available to the Host independently for its own purposes.
11.3 Universe and the Host are individually and separately responsible for complying with its obligations as applicable under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from a Personal Information Breach.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools on behalf of the Host, paragraphs 11.5 to 11.8 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Information: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the Data Protection Legislation;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against a Personal Information Breach;
(d) inform the Host if it becomes aware of a Personal Information Breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the Data Protection Legislation, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe on behalf of the Host;
(f) at the request of the Host, provide evidence of its compliance with paragraphs 11.5 to 11.8 inclusive and permit the Host to carry out a documentary audit of such compliance no more than once annually;
(g) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the country of origin unless it has a lawful basis for the transfer; and
(h) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Information under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Information (including instructions in connection with requests from individuals exercising their rights under Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorised person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorised users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice as required under relevant laws including the Data Protection Legislation; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(a) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(b) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(c) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without, to the maximum extent permitted by law, any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Removal of Listings: Universe reserves the right to suspend or remove any Listings and/or suspend or cancel a Transaction and/or a Host’s Account in any of the following circumstances, if:
(a) Universe reasonably suspects that the Host is unable to pay its debts or Universe is otherwise entitled to terminate your account in accordance with paragraph 20.1;
(b) Universe reasonably suspects that the Host is unable to put on the event or otherwise meet its obligations to Buyers under these Terms and Conditions;
(c) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Listings or Transactions;
(d) Universe reasonably suspects any unauthorised use of a Host’s Account and/or of the Universe Services;
(e) a Listing does not comply with applicable legislation; and/or
(f) a breach of these Terms and Conditions occurs.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise outside of Universe’s reasonable control and Hosts will only do so in their sole discretion (acting reasonably) or as otherwise required under law (including but not limited to the Australian Consumer Law and NZ Consumer Law, as applicable).
14.4 Payment Information: The Buyer warrants and represents that they are authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that the applicable third-party payment processor, may debit the Transaction Value from the method of payment provided by the Buyer.
14.8 Ticket Resale: There are laws in place in some locations that prohibit resale of tickets to certain events or limit the prices at which they may be resold (Price Cap) and penalties may apply for non-compliance. Buyers are responsible for complying with any such laws. Unless a Host expressly provides otherwise, Tickets may not be resold or offered at a premium (above the Total Ticket Sale Price or statutory Price Cap, where applicable) or used for advertising, promotion or other commercial purposes. Universe cannot guarantee the authenticity of tickets purchased from any unauthorised third-party resellers or resale sites.
14.9 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.10 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.11 Donations: Hosts may offer Buyers the option to donate to a specified cause or charity. Where the Host offers a Buyer the option to donate, the Host is responsible for providing accurate and complete information about the relevant cause or charity, and for ensuring it holds all registrations and/or authorisations required by applicable law to collect donations where applicable. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings. Donations are subject to the same fees and charges as Tickets.
14.12 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above, and as specified as the Host’s refund policy at the time of purchase.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions or applicable law, the Buyer must contact the Host using the contact details in the Listing. If a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds of the Sale Price on the condition that the Host has provided the funds to enable it to do so. The Universe Per Order Fee is refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its discretion (acting reasonably). Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe, acting reasonably, reserves the right to cancel or reverse a Buyer’s Transaction in any of the following circumstances if:
(a) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe reasonably suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, and ensuring compliance with all applicable laws and regulations, related to the display, description, fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY:
18.1 Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
"Data Protection Legislation" means (i) the Australian Privacy Act 1988 (Cth); (ii) the New Zealand Privacy Act 2020; and (ii) any and all data protection laws and regulations applicable in Australia and/or New Zealand including those made under or pursuant to (i), in each case as may be amended or superseded from time to time.
"Event" means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
"Feedback" means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
"Force Majeure" means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g. reporting, email management or data analytics.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
"Personal Information" has the meaning given to it in the Data Protection Legislation.
"Personal Information Breach" means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in AUD, NZD or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host (excluding the Service Charge and Universe Per Order Fee).
“Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be included in the base Sale Price (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer). The Service Charge is inclusive of GST at the then-current rate.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, which may include, but is not limited to, Facebook, Twitter and Google.
“Threshold Amount” means A$10 or NZ$10 (as applicable).
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Total Sale Price” means the total per Ticket price displayed to the Buyer, which comprises the Sale Price plus the Service Charge (but does not include the Universe Per Order fee, if applicable).
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2 (including the Universe Per Order Fee, if applicable).
“Universe Account Information” means the Personal Information you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid Tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Total Sale Price as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then-current rate.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe reasonably suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe reasonably suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to administration or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could reasonably be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;~recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the Transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms and Conditions. If Universe determines that you have violated these Terms and Conditions or any local or national law, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms and Conditions. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional, national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, to the maximum extent permitted by law, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by applicable law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeable, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by applicable law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Service who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 The above does not restrict your statutory rights (including under Australian Consumer Law or NZ Consumer Law, as applicable), your right to make a complaint to the appropriate local or national regulatory authority, or your right to pursue court or tribunal proceedings or other forms of settlement with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the state and/or country where the Event for which you are purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Contact Us
If you have any questions, comments or complaints regarding these Terms and Conditions or the Website, please contact Customer Service.
Please ensure you read the Terms and Conditions below in full, it covers important terms and conditions that apply to your listing, tickets and any additional package or item that you purchase. In particular, we draw the following provisions to your attention:
a. Universe provides an online platform to facilitate the sale and purchase of Tickets and Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
b. Subject to the Host’s refund policy as specified in a Listing, Buyers will only be entitled to a refund in limited circumstances as set out in these Terms and Conditions, unless required by applicable law. See Cancelled, Rescheduled and Postponed Events (paragraph 10), Enforcement Action Against Hosts (paragraph 13), Cancellation and Refunds (paragraph 15) and Enforcement Action Against Buyers (paragraph 16). Where refunds are payable, it will be the Host and not Universe that will be responsible for refunds (unless caused by Universe and required by law).
c. Universe limits its liability for loss suffered by you at an event or as a result the cancellation or rescheduling an event, or the actions of another User. See Universe and User Content (paragraph 4.4), Compliance (paragraph 5.7), Refunds (paragraph 8.3), Chargebacks (paragraph 9.1), Donations (paragraph 14.11) Disputes (paragraph 15.3) and Liability (paragraph 24).
d. Universe may remove your listing or cancel your order if you do not comply with, and otherwise as set out in, these Terms and Conditions. See Event Cancellation, Rescheduling or Alteration (paragraph 5.10), Enforcement Action Against Hosts (paragraph 13), Approval Settings (paragraph 14.5) Enforcement Action Against Buyers (paragraph 16), Termination by Universe (paragraph 20.2).
e. Universe may withhold an amount of sale proceeds from a Host where it is reasonably satisfied that there is an increased risk of chargebacks or refund requests. See Withholding Payment (paragraph 7.6) and Chargebacks (paragraph 9).
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Australia Ticketmaster Australasia Pty Ltd ABN 49 089 258 837
New Zealand Ticketmaster NZ Limited NZBN 9429035032885
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
Universe does not own any Tickets or set the Sale Price;
(c) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(d) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems (acting reasonably) inappropriate from the Universe website (“Website”);
(e) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk; and
Universe is not an event organiser or promoter.
Therefore, to the maximum extent permitted by law, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case. It is the Host (and not Universe) that is responsible for any refunds (unless required by law).
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be communicated via the Contact Host or Contact Support (as applicable) button on the relevant Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Conflict between Laws and these Terms and Conditions: Where any applicable law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable in the state or country in which an event takes place will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies. These Terms and Conditions do not affect your rights under the Australian Consumer Law for events in Australia or New Zealand Consumer Law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) (“NZ Consumer Law”) for events in New Zealand.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if reasonably required by us, or as desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 Universe may also offer the option to register a Universe Account by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a business or ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then you must register with us as a ‘Business Seller’. If you are a Business Seller, you may be required to provide potential buyers with a geographical address, telephone number, email address and/or ABN or NZBN (as applicable) before any tickets are purchased, which may be displayed to Buyers at the time of purchase and, where required by applicable law, must be included in invoices and/or receipts issued to Buyers.
3. YOUR ACCOUNT
3.1 Password: You are responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password unless the disclosure is caused by Universe. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website as set out in these Terms and Conditions.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside Australia or New Zealand may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.2 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.3 Universe and User Content: To the maximum extent permitted by law, Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable to the extent permitted by law for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Permissible Listing Purposes: The Universe platform must only be used for the purposes of listing and purchasing Tickets for an Event (and any non-Ticket items that may be directly associated with the purchase of a Ticket for that Event, such as merchandise, add-on experiences, food and beverage at the event or Ticket upgrades) that the Host has the rights to offer Tickets and non-Ticket items for sale for. The Universe platform must not be used for any other purpose.
5.2 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.3 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.4 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) may be required to provide a geographical address and email address to Buyers before they purchase any Ticket. Accordingly, where required, these details must be included in the Listing.
5.5 Service Charge Preference: The Host can elect whether the Service Charge will be
(a) included in the base Sale Price you have nominated (in which case such amount will be collected by Universe prior to settlement of sales proceeds); or
(b) added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer).
The Service Charge, will be included in the Total Sale Price displayed to Buyers on the Listing during the purchase process. If the Host does not specify a preference then the Service Charge then it will be added to the base Sale Price and collected from the Buyer in accordance with paragraph 5.5(b).
5.6 Listing Description: The Host must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) Sale Price of each Ticket (inclusive of all GST and Seller-imposed fees and charges applicable to the Ticket but excluding the Service Charge and the Universe Per Order Fee, which will be added to the Listing automatically);
(g) a seat map of the Event (if applicable);
(h) confirmation that applicable taxes are included in the Transaction Value;
(i) whether the Service Charge will be included in the base Sale Price or added to the nominated base Sale Price;
(j) the Universe Per Order Fee (if applicable);
(k) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(l) the refund policy (in addition to any refund rights under Australian Consumer Law or the NZ Consumer Law, as applicable, or these Terms and Conditions), if any;
(m) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(n) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(o) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(p) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.7 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. To the maximum extent permitted by law, Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.8 Donations: The Host agrees that where it provides the option for a Buyer to make a donation to a cause or charity, it will be solely responsible for complying with all state and federal laws and regulations, and shall obtain and hold all necessary permissions, licences and registrations required to solicit and receive money or any other benefit through the collection of donations as a fundraiser. If a Host collects charity donations, Universe may request, and the Host shall promptly provide all details on its Universe account, including its ABN and Deductible Gift Recipient (DGR) status if the Host is based in Australia or its NZBN and donee organisation approval status if the Host is based in New Zealand, which the Host shall be responsible for ensuring remain current and correct. If the Host is not entitled by law to retain a donation or is obliged by law to return a donation, the Host is solely responsible for returning donated amounts to the relevant Buyers in full and for the payment of any associated penalties.
5.9 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that they create:
relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(a) include accurate and transparent Ticket prices and information relating to all additional charges and GST which will be incurred by Buyers;
(b) if booked, will be honoured, unless otherwise agreed with the Buyer;
(c) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(d) do not infringe any third-party rights (including intellectual property rights);
(e) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not, to the best of Host’s knowledge after Host has made reasonable inquiries, comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable local, national or international law or regulation, and the Host warrants that the Host holds all necessary permissions, licences and registrations to conduct the Event;
(l) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collection of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(m) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collecti~(l) on of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(n) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(o) cannot reasonably be construed (in Universe’s opinion acting reasonably) to be associated with any terrorist organisations; and
(p) do not contain political campaigning, commercial solicitation, chain letters or mass mailings and otherwise comply with the Data Protection Legislation, and the Spam Act 2003 (Cth) in Australia or the Unsolicited Electronic Messages Act 2007 in New Zealand.
5.10 Applicable Taxes: The Host is responsible for ensuring that the Sale Price includes all taxes required on Listings, including the applicable Goods and Services Tax (GST). It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Tickets. You may also be required to provide a valid GST invoice in respect of the order when requested to do so by a buyer. If in doubt about any of your tax obligations, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. GST-registered Hosts should contact support@universe.com.
5.11 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.12 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or materially altered , this shall be the Host’s sole responsibility and the Host must communicate details of the cancellation, re-schedule or alteration (and any entitlement for Buyers to obtain a remedy under these Terms and Conditions or under applicable laws, including the Australian Consumer Law or NZ Consumer Law, as applicable) as soon as reasonably practicable to Buyers in a clear manner. The Listing must be updated or removed by the Host (as the case may be) and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.13 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Method options when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement other than as provided in these Terms and Conditions or where the dispute relates to a service provided by Universe to the Buyer.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable laws (including the Australian Consumer Law or NZ Consumer Law, as applicable) these Terms and Conditions or the refund policy for the Event, the Sale Price proceeds (less any Service Charges due to Universe) due to the Host from the Transactions will be made available approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing accurate bank account and payment information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall make funds available to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount. Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion (acting reasonably). Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion (acting reasonably), believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Refunds: If a Buyer is entitled to a refund in accordance with these Terms and Conditions or applicable law, or the Host otherwise grants a Buyer a refund, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to facilitate the payment of the refund to the Buyer. Universe will not pay any refund unless and until the Host has provided sufficient funds in the Host’s Universe account. The Host will be charged the Service Charge, which shall be retained by Universe. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Host.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website (for Australia or New Zealand, as applicable), Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments. Your use of Stripe Payments will be subject to any terms and conditions you agree with Stripe.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price (less the Service Charges if payable by the Host) will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer is entitled to a refund in accordance with these Terms and Conditions, the Host’s refund policy or applicable law, Universe shall have no liability to Buyers (unless otherwise required by law), and refunds of the Sale Price shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other Transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all Service Charges and related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold a reasonable amount of Host’s proceeds for up to six months if, in Universe’s reasonable opinion, there is a likelihood of chargebacks in respect of the Host’s Listing. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion or where permitted under the Host’s refund policy or required by applicable law.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Total Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event (such notice to be provided by the Host to the Buyer as soon as reasonably practicable), and the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee.
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), refunds will only be provided where required by law or at the discretion of the Host, provided that the Buyer requests the refund from the Host within a reasonable period following notice of the material alteration. The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. For the avoidance of doubt, the following will not generally be material alterations the use of understudies in theatre performances; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and reasonable delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data independently for its own purposes. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host processes the Host Copy Data from the point at which it is passed or made available to the Host independently for its own purposes.
11.3 Universe and the Host are individually and separately responsible for complying with its obligations as applicable under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from a Personal Information Breach.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools on behalf of the Host, paragraphs 11.5 to 11.8 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Information: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the Data Protection Legislation;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against a Personal Information Breach;
(d) inform the Host if it becomes aware of a Personal Information Breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the Data Protection Legislation, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe on behalf of the Host;
(f) at the request of the Host, provide evidence of its compliance with paragraphs 11.5 to 11.8 inclusive and permit the Host to carry out a documentary audit of such compliance no more than once annually;
(g) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the country of origin unless it has a lawful basis for the transfer; and
(h) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Information under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Information (including instructions in connection with requests from individuals exercising their rights under Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorised person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorised users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice as required under relevant laws including the Data Protection Legislation; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(a) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(b) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(c) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without, to the maximum extent permitted by law, any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Removal of Listings: Universe reserves the right to suspend or remove any Listings and/or suspend or cancel a Transaction and/or a Host’s Account in any of the following circumstances, if:
(a) Universe reasonably suspects that the Host is unable to pay its debts or Universe is otherwise entitled to terminate your account in accordance with paragraph 20.1;
(b) Universe reasonably suspects that the Host is unable to put on the event or otherwise meet its obligations to Buyers under these Terms and Conditions;
(c) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Listings or Transactions;
(d) Universe reasonably suspects any unauthorised use of a Host’s Account and/or of the Universe Services;
(e) a Listing does not comply with applicable legislation; and/or
(f) a breach of these Terms and Conditions occurs.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise outside of Universe’s reasonable control and Hosts will only do so in their sole discretion (acting reasonably) or as otherwise required under law (including but not limited to the Australian Consumer Law and NZ Consumer Law, as applicable).
14.4 Payment Information: The Buyer warrants and represents that they are authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that the applicable third-party payment processor, may debit the Transaction Value from the method of payment provided by the Buyer.
14.8 Ticket Resale: There are laws in place in some locations that prohibit resale of tickets to certain events or limit the prices at which they may be resold (Price Cap) and penalties may apply for non-compliance. Buyers are responsible for complying with any such laws. Unless a Host expressly provides otherwise, Tickets may not be resold or offered at a premium (above the Total Ticket Sale Price or statutory Price Cap, where applicable) or used for advertising, promotion or other commercial purposes. Universe cannot guarantee the authenticity of tickets purchased from any unauthorised third-party resellers or resale sites.
14.9 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.10 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.11 Donations: Hosts may offer Buyers the option to donate to a specified cause or charity. Where the Host offers a Buyer the option to donate, the Host is responsible for providing accurate and complete information about the relevant cause or charity, and for ensuring it holds all registrations and/or authorisations required by applicable law to collect donations where applicable. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings. Donations are subject to the same fees and charges as Tickets.
14.12 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above, and as specified as the Host’s refund policy at the time of purchase.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions or applicable law, the Buyer must contact the Host using the contact details in the Listing. If a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds of the Sale Price on the condition that the Host has provided the funds to enable it to do so. The Universe Per Order Fee is refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its discretion (acting reasonably). Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe, acting reasonably, reserves the right to cancel or reverse a Buyer’s Transaction in any of the following circumstances if:
(a) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe reasonably suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, and ensuring compliance with all applicable laws and regulations, related to the display, description, fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY:
18.1 Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
"Data Protection Legislation" means (i) the Australian Privacy Act 1988 (Cth); (ii) the New Zealand Privacy Act 2020; and (ii) any and all data protection laws and regulations applicable in Australia and/or New Zealand including those made under or pursuant to (i), in each case as may be amended or superseded from time to time.
"Event" means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
"Feedback" means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
"Force Majeure" means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g. reporting, email management or data analytics.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
"Personal Information" has the meaning given to it in the Data Protection Legislation.
"Personal Information Breach" means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in AUD, NZD or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host (excluding the Service Charge and Universe Per Order Fee).
“Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be included in the base Sale Price (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer). The Service Charge is inclusive of GST at the then-current rate.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, which may include, but is not limited to, Facebook, Twitter and Google.
“Threshold Amount” means A$10 or NZ$10 (as applicable).
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Total Sale Price” means the total per Ticket price displayed to the Buyer, which comprises the Sale Price plus the Service Charge (but does not include the Universe Per Order fee, if applicable).
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2 (including the Universe Per Order Fee, if applicable).
“Universe Account Information” means the Personal Information you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid Tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Total Sale Price as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then-current rate.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe reasonably suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe reasonably suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to administration or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could reasonably be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;~recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the Transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms and Conditions. If Universe determines that you have violated these Terms and Conditions or any local or national law, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms and Conditions. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional, national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, to the maximum extent permitted by law, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by applicable law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeable, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by applicable law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Service who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 The above does not restrict your statutory rights (including under Australian Consumer Law or NZ Consumer Law, as applicable), your right to make a complaint to the appropriate local or national regulatory authority, or your right to pursue court or tribunal proceedings or other forms of settlement with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the state and/or country where the Event for which you are purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Contact Us
If you have any questions, comments or complaints regarding these Terms and Conditions or the Website, please contact Customer Service.
Please ensure you read the Terms and Conditions below in full, it covers important terms and conditions that apply to your listing, tickets and any additional package or item that you purchase. In particular, we draw the following provisions to your attention:
a. Universe provides an online platform to facilitate the sale and purchase of Tickets and Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
b. Subject to the Host’s refund policy as specified in a Listing, Buyers will only be entitled to a refund in limited circumstances as set out in these Terms and Conditions, unless required by applicable law. See Cancelled, Rescheduled and Postponed Events (paragraph 10), Enforcement Action Against Hosts (paragraph 13), Cancellation and Refunds (paragraph 15) and Enforcement Action Against Buyers (paragraph 16). Where refunds are payable, it will be the Host and not Universe that will be responsible for refunds (unless caused by Universe and required by law).
c. Universe limits its liability for loss suffered by you at an event or as a result the cancellation or rescheduling an event, or the actions of another User. See Universe and User Content (paragraph 4.4), Compliance (paragraph 5.7), Refunds (paragraph 8.3), Chargebacks (paragraph 9.1), Donations (paragraph 14.11) Disputes (paragraph 15.3) and Liability (paragraph 24).
d. Universe may remove your listing or cancel your order if you do not comply with, and otherwise as set out in, these Terms and Conditions. See Event Cancellation, Rescheduling or Alteration (paragraph 5.10), Enforcement Action Against Hosts (paragraph 13), Approval Settings (paragraph 14.5) Enforcement Action Against Buyers (paragraph 16), Termination by Universe (paragraph 20.2).
e. Universe may withhold an amount of sale proceeds from a Host where it is reasonably satisfied that there is an increased risk of chargebacks or refund requests. See Withholding Payment (paragraph 7.6) and Chargebacks (paragraph 9).
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Australia Ticketmaster Australasia Pty Ltd ABN 49 089 258 837
New Zealand Ticketmaster NZ Limited NZBN 9429035032885
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
Universe does not own any Tickets or set the Sale Price;
(c) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(d) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems (acting reasonably) inappropriate from the Universe website (“Website”);
(e) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk; and
Universe is not an event organiser or promoter.
Therefore, to the maximum extent permitted by law, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case. It is the Host (and not Universe) that is responsible for any refunds (unless required by law).
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be communicated via the Contact Host or Contact Support (as applicable) button on the relevant Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Conflict between Laws and these Terms and Conditions: Where any applicable law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable in the state or country in which an event takes place will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies. These Terms and Conditions do not affect your rights under the Australian Consumer Law for events in Australia or New Zealand Consumer Law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) (“NZ Consumer Law”) for events in New Zealand.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if reasonably required by us, or as desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 Universe may also offer the option to register a Universe Account by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a business or ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then you must register with us as a ‘Business Seller’. If you are a Business Seller, you may be required to provide potential buyers with a geographical address, telephone number, email address and/or ABN or NZBN (as applicable) before any tickets are purchased, which may be displayed to Buyers at the time of purchase and, where required by applicable law, must be included in invoices and/or receipts issued to Buyers.
3. YOUR ACCOUNT
3.1 Password: You are responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password unless the disclosure is caused by Universe. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website as set out in these Terms and Conditions.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside Australia or New Zealand may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.2 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.3 Universe and User Content: To the maximum extent permitted by law, Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable to the extent permitted by law for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Permissible Listing Purposes: The Universe platform must only be used for the purposes of listing and purchasing Tickets for an Event (and any non-Ticket items that may be directly associated with the purchase of a Ticket for that Event, such as merchandise, add-on experiences, food and beverage at the event or Ticket upgrades) that the Host has the rights to offer Tickets and non-Ticket items for sale for. The Universe platform must not be used for any other purpose.
5.2 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.3 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.4 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) may be required to provide a geographical address and email address to Buyers before they purchase any Ticket. Accordingly, where required, these details must be included in the Listing.
5.5 Service Charge Preference: The Host can elect whether the Service Charge will be
(a) included in the base Sale Price you have nominated (in which case such amount will be collected by Universe prior to settlement of sales proceeds); or
(b) added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer).
The Service Charge, will be included in the Total Sale Price displayed to Buyers on the Listing during the purchase process. If the Host does not specify a preference then the Service Charge then it will be added to the base Sale Price and collected from the Buyer in accordance with paragraph 5.5(b).
5.6 Listing Description: The Host must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) Sale Price of each Ticket (inclusive of all GST and Seller-imposed fees and charges applicable to the Ticket but excluding the Service Charge and the Universe Per Order Fee, which will be added to the Listing automatically);
(g) a seat map of the Event (if applicable);
(h) confirmation that applicable taxes are included in the Transaction Value;
(i) whether the Service Charge will be included in the base Sale Price or added to the nominated base Sale Price;
(j) the Universe Per Order Fee (if applicable);
(k) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(l) the refund policy (in addition to any refund rights under Australian Consumer Law or the NZ Consumer Law, as applicable, or these Terms and Conditions), if any;
(m) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(n) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(o) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(p) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.7 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. To the maximum extent permitted by law, Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.8 Donations: The Host agrees that where it provides the option for a Buyer to make a donation to a cause or charity, it will be solely responsible for complying with all state and federal laws and regulations, and shall obtain and hold all necessary permissions, licences and registrations required to solicit and receive money or any other benefit through the collection of donations as a fundraiser. If a Host collects charity donations, Universe may request, and the Host shall promptly provide all details on its Universe account, including its ABN and Deductible Gift Recipient (DGR) status if the Host is based in Australia or its NZBN and donee organisation approval status if the Host is based in New Zealand, which the Host shall be responsible for ensuring remain current and correct. If the Host is not entitled by law to retain a donation or is obliged by law to return a donation, the Host is solely responsible for returning donated amounts to the relevant Buyers in full and for the payment of any associated penalties.
5.9 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that they create:
relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(a) include accurate and transparent Ticket prices and information relating to all additional charges and GST which will be incurred by Buyers;
(b) if booked, will be honoured, unless otherwise agreed with the Buyer;
(c) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(d) do not infringe any third-party rights (including intellectual property rights);
(e) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not, to the best of Host’s knowledge after Host has made reasonable inquiries, comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable local, national or international law or regulation, and the Host warrants that the Host holds all necessary permissions, licences and registrations to conduct the Event;
(l) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collection of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(m) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collecti~(l) on of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(n) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(o) cannot reasonably be construed (in Universe’s opinion acting reasonably) to be associated with any terrorist organisations; and
(p) do not contain political campaigning, commercial solicitation, chain letters or mass mailings and otherwise comply with the Data Protection Legislation, and the Spam Act 2003 (Cth) in Australia or the Unsolicited Electronic Messages Act 2007 in New Zealand.
5.10 Applicable Taxes: The Host is responsible for ensuring that the Sale Price includes all taxes required on Listings, including the applicable Goods and Services Tax (GST). It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Tickets. You may also be required to provide a valid GST invoice in respect of the order when requested to do so by a buyer. If in doubt about any of your tax obligations, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. GST-registered Hosts should contact support@universe.com.
5.11 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.12 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or materially altered , this shall be the Host’s sole responsibility and the Host must communicate details of the cancellation, re-schedule or alteration (and any entitlement for Buyers to obtain a remedy under these Terms and Conditions or under applicable laws, including the Australian Consumer Law or NZ Consumer Law, as applicable) as soon as reasonably practicable to Buyers in a clear manner. The Listing must be updated or removed by the Host (as the case may be) and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.13 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Method options when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement other than as provided in these Terms and Conditions or where the dispute relates to a service provided by Universe to the Buyer.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable laws (including the Australian Consumer Law or NZ Consumer Law, as applicable) these Terms and Conditions or the refund policy for the Event, the Sale Price proceeds (less any Service Charges due to Universe) due to the Host from the Transactions will be made available approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing accurate bank account and payment information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall make funds available to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount. Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion (acting reasonably). Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion (acting reasonably), believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Refunds: If a Buyer is entitled to a refund in accordance with these Terms and Conditions or applicable law, or the Host otherwise grants a Buyer a refund, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to facilitate the payment of the refund to the Buyer. Universe will not pay any refund unless and until the Host has provided sufficient funds in the Host’s Universe account. The Host will be charged the Service Charge, which shall be retained by Universe. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Host.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website (for Australia or New Zealand, as applicable), Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments. Your use of Stripe Payments will be subject to any terms and conditions you agree with Stripe.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price (less the Service Charges if payable by the Host) will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer is entitled to a refund in accordance with these Terms and Conditions, the Host’s refund policy or applicable law, Universe shall have no liability to Buyers (unless otherwise required by law), and refunds of the Sale Price shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other Transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all Service Charges and related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold a reasonable amount of Host’s proceeds for up to six months if, in Universe’s reasonable opinion, there is a likelihood of chargebacks in respect of the Host’s Listing. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion or where permitted under the Host’s refund policy or required by applicable law.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Total Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event (such notice to be provided by the Host to the Buyer as soon as reasonably practicable), and the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee.
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), refunds will only be provided where required by law or at the discretion of the Host, provided that the Buyer requests the refund from the Host within a reasonable period following notice of the material alteration. The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. For the avoidance of doubt, the following will not generally be material alterations the use of understudies in theatre performances; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and reasonable delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data independently for its own purposes. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host processes the Host Copy Data from the point at which it is passed or made available to the Host independently for its own purposes.
11.3 Universe and the Host are individually and separately responsible for complying with its obligations as applicable under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from a Personal Information Breach.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools on behalf of the Host, paragraphs 11.5 to 11.8 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Information: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the Data Protection Legislation;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against a Personal Information Breach;
(d) inform the Host if it becomes aware of a Personal Information Breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the Data Protection Legislation, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe on behalf of the Host;
(f) at the request of the Host, provide evidence of its compliance with paragraphs 11.5 to 11.8 inclusive and permit the Host to carry out a documentary audit of such compliance no more than once annually;
(g) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the country of origin unless it has a lawful basis for the transfer; and
(h) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Information under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Information (including instructions in connection with requests from individuals exercising their rights under Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorised person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorised users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice as required under relevant laws including the Data Protection Legislation; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(a) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(b) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(c) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without, to the maximum extent permitted by law, any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Removal of Listings: Universe reserves the right to suspend or remove any Listings and/or suspend or cancel a Transaction and/or a Host’s Account in any of the following circumstances, if:
(a) Universe reasonably suspects that the Host is unable to pay its debts or Universe is otherwise entitled to terminate your account in accordance with paragraph 20.1;
(b) Universe reasonably suspects that the Host is unable to put on the event or otherwise meet its obligations to Buyers under these Terms and Conditions;
(c) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Listings or Transactions;
(d) Universe reasonably suspects any unauthorised use of a Host’s Account and/or of the Universe Services;
(e) a Listing does not comply with applicable legislation; and/or
(f) a breach of these Terms and Conditions occurs.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise outside of Universe’s reasonable control and Hosts will only do so in their sole discretion (acting reasonably) or as otherwise required under law (including but not limited to the Australian Consumer Law and NZ Consumer Law, as applicable).
14.4 Payment Information: The Buyer warrants and represents that they are authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that the applicable third-party payment processor, may debit the Transaction Value from the method of payment provided by the Buyer.
14.8 Ticket Resale: There are laws in place in some locations that prohibit resale of tickets to certain events or limit the prices at which they may be resold (Price Cap) and penalties may apply for non-compliance. Buyers are responsible for complying with any such laws. Unless a Host expressly provides otherwise, Tickets may not be resold or offered at a premium (above the Total Ticket Sale Price or statutory Price Cap, where applicable) or used for advertising, promotion or other commercial purposes. Universe cannot guarantee the authenticity of tickets purchased from any unauthorised third-party resellers or resale sites.
14.9 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.10 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.11 Donations: Hosts may offer Buyers the option to donate to a specified cause or charity. Where the Host offers a Buyer the option to donate, the Host is responsible for providing accurate and complete information about the relevant cause or charity, and for ensuring it holds all registrations and/or authorisations required by applicable law to collect donations where applicable. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings. Donations are subject to the same fees and charges as Tickets.
14.12 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above, and as specified as the Host’s refund policy at the time of purchase.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions or applicable law, the Buyer must contact the Host using the contact details in the Listing. If a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds of the Sale Price on the condition that the Host has provided the funds to enable it to do so. The Universe Per Order Fee is refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its discretion (acting reasonably). Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe, acting reasonably, reserves the right to cancel or reverse a Buyer’s Transaction in any of the following circumstances if:
(a) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe reasonably suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, and ensuring compliance with all applicable laws and regulations, related to the display, description, fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY:
18.1 Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
"Data Protection Legislation" means (i) the Australian Privacy Act 1988 (Cth); (ii) the New Zealand Privacy Act 2020; and (ii) any and all data protection laws and regulations applicable in Australia and/or New Zealand including those made under or pursuant to (i), in each case as may be amended or superseded from time to time.
"Event" means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
"Feedback" means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
"Force Majeure" means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g. reporting, email management or data analytics.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
"Personal Information" has the meaning given to it in the Data Protection Legislation.
"Personal Information Breach" means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in AUD, NZD or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host (excluding the Service Charge and Universe Per Order Fee).
“Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be included in the base Sale Price (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer). The Service Charge is inclusive of GST at the then-current rate.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, which may include, but is not limited to, Facebook, Twitter and Google.
“Threshold Amount” means A$10 or NZ$10 (as applicable).
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Total Sale Price” means the total per Ticket price displayed to the Buyer, which comprises the Sale Price plus the Service Charge (but does not include the Universe Per Order fee, if applicable).
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2 (including the Universe Per Order Fee, if applicable).
“Universe Account Information” means the Personal Information you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid Tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Total Sale Price as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then-current rate.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe reasonably suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe reasonably suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to administration or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could reasonably be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;~recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the Transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms and Conditions. If Universe determines that you have violated these Terms and Conditions or any local or national law, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms and Conditions. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional, national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, to the maximum extent permitted by law, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by applicable law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeable, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by applicable law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Service who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 The above does not restrict your statutory rights (including under Australian Consumer Law or NZ Consumer Law, as applicable), your right to make a complaint to the appropriate local or national regulatory authority, or your right to pursue court or tribunal proceedings or other forms of settlement with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the state and/or country where the Event for which you are purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Contact Us
If you have any questions, comments or complaints regarding these Terms and Conditions or the Website, please contact Customer Service.
Please ensure you read the Terms and Conditions below in full, it covers important terms and conditions that apply to your listing, tickets and any additional package or item that you purchase. In particular, we draw the following provisions to your attention:
a. Universe provides an online platform to facilitate the sale and purchase of Tickets and Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
b. Subject to the Host’s refund policy as specified in a Listing, Buyers will only be entitled to a refund in limited circumstances as set out in these Terms and Conditions, unless required by applicable law. See Cancelled, Rescheduled and Postponed Events (paragraph 10), Enforcement Action Against Hosts (paragraph 13), Cancellation and Refunds (paragraph 15) and Enforcement Action Against Buyers (paragraph 16). Where refunds are payable, it will be the Host and not Universe that will be responsible for refunds (unless caused by Universe and required by law).
c. Universe limits its liability for loss suffered by you at an event or as a result the cancellation or rescheduling an event, or the actions of another User. See Universe and User Content (paragraph 4.4), Compliance (paragraph 5.7), Refunds (paragraph 8.3), Chargebacks (paragraph 9.1), Donations (paragraph 14.11) Disputes (paragraph 15.3) and Liability (paragraph 24).
d. Universe may remove your listing or cancel your order if you do not comply with, and otherwise as set out in, these Terms and Conditions. See Event Cancellation, Rescheduling or Alteration (paragraph 5.10), Enforcement Action Against Hosts (paragraph 13), Approval Settings (paragraph 14.5) Enforcement Action Against Buyers (paragraph 16), Termination by Universe (paragraph 20.2).
e. Universe may withhold an amount of sale proceeds from a Host where it is reasonably satisfied that there is an increased risk of chargebacks or refund requests. See Withholding Payment (paragraph 7.6) and Chargebacks (paragraph 9).
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Australia Ticketmaster Australasia Pty Ltd ABN 49 089 258 837
New Zealand Ticketmaster NZ Limited NZBN 9429035032885
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
Universe does not own any Tickets or set the Sale Price;
(c) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(d) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems (acting reasonably) inappropriate from the Universe website (“Website”);
(e) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk; and
Universe is not an event organiser or promoter.
Therefore, to the maximum extent permitted by law, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case. It is the Host (and not Universe) that is responsible for any refunds (unless required by law).
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be communicated via the Contact Host or Contact Support (as applicable) button on the relevant Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Conflict between Laws and these Terms and Conditions: Where any applicable law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable in the state or country in which an event takes place will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies. These Terms and Conditions do not affect your rights under the Australian Consumer Law for events in Australia or New Zealand Consumer Law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) (“NZ Consumer Law”) for events in New Zealand.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if reasonably required by us, or as desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 Universe may also offer the option to register a Universe Account by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a business or ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then you must register with us as a ‘Business Seller’. If you are a Business Seller, you may be required to provide potential buyers with a geographical address, telephone number, email address and/or ABN or NZBN (as applicable) before any tickets are purchased, which may be displayed to Buyers at the time of purchase and, where required by applicable law, must be included in invoices and/or receipts issued to Buyers.
3. YOUR ACCOUNT
3.1 Password: You are responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password unless the disclosure is caused by Universe. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website as set out in these Terms and Conditions.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside Australia or New Zealand may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.2 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.3 Universe and User Content: To the maximum extent permitted by law, Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable to the extent permitted by law for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Permissible Listing Purposes: The Universe platform must only be used for the purposes of listing and purchasing Tickets for an Event (and any non-Ticket items that may be directly associated with the purchase of a Ticket for that Event, such as merchandise, add-on experiences, food and beverage at the event or Ticket upgrades) that the Host has the rights to offer Tickets and non-Ticket items for sale for. The Universe platform must not be used for any other purpose.
5.2 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.3 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.4 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) may be required to provide a geographical address and email address to Buyers before they purchase any Ticket. Accordingly, where required, these details must be included in the Listing.
5.5 Service Charge Preference: The Host can elect whether the Service Charge will be
(a) included in the base Sale Price you have nominated (in which case such amount will be collected by Universe prior to settlement of sales proceeds); or
(b) added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer).
The Service Charge, will be included in the Total Sale Price displayed to Buyers on the Listing during the purchase process. If the Host does not specify a preference then the Service Charge then it will be added to the base Sale Price and collected from the Buyer in accordance with paragraph 5.5(b).
5.6 Listing Description: The Host must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) Sale Price of each Ticket (inclusive of all GST and Seller-imposed fees and charges applicable to the Ticket but excluding the Service Charge and the Universe Per Order Fee, which will be added to the Listing automatically);
(g) a seat map of the Event (if applicable);
(h) confirmation that applicable taxes are included in the Transaction Value;
(i) whether the Service Charge will be included in the base Sale Price or added to the nominated base Sale Price;
(j) the Universe Per Order Fee (if applicable);
(k) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(l) the refund policy (in addition to any refund rights under Australian Consumer Law or the NZ Consumer Law, as applicable, or these Terms and Conditions), if any;
(m) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(n) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(o) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(p) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.7 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. To the maximum extent permitted by law, Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.8 Donations: The Host agrees that where it provides the option for a Buyer to make a donation to a cause or charity, it will be solely responsible for complying with all state and federal laws and regulations, and shall obtain and hold all necessary permissions, licences and registrations required to solicit and receive money or any other benefit through the collection of donations as a fundraiser. If a Host collects charity donations, Universe may request, and the Host shall promptly provide all details on its Universe account, including its ABN and Deductible Gift Recipient (DGR) status if the Host is based in Australia or its NZBN and donee organisation approval status if the Host is based in New Zealand, which the Host shall be responsible for ensuring remain current and correct. If the Host is not entitled by law to retain a donation or is obliged by law to return a donation, the Host is solely responsible for returning donated amounts to the relevant Buyers in full and for the payment of any associated penalties.
5.9 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that they create:
relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(a) include accurate and transparent Ticket prices and information relating to all additional charges and GST which will be incurred by Buyers;
(b) if booked, will be honoured, unless otherwise agreed with the Buyer;
(c) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(d) do not infringe any third-party rights (including intellectual property rights);
(e) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not, to the best of Host’s knowledge after Host has made reasonable inquiries, comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable local, national or international law or regulation, and the Host warrants that the Host holds all necessary permissions, licences and registrations to conduct the Event;
(l) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collection of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(m) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collecti~(l) on of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(n) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(o) cannot reasonably be construed (in Universe’s opinion acting reasonably) to be associated with any terrorist organisations; and
(p) do not contain political campaigning, commercial solicitation, chain letters or mass mailings and otherwise comply with the Data Protection Legislation, and the Spam Act 2003 (Cth) in Australia or the Unsolicited Electronic Messages Act 2007 in New Zealand.
5.10 Applicable Taxes: The Host is responsible for ensuring that the Sale Price includes all taxes required on Listings, including the applicable Goods and Services Tax (GST). It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Tickets. You may also be required to provide a valid GST invoice in respect of the order when requested to do so by a buyer. If in doubt about any of your tax obligations, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. GST-registered Hosts should contact support@universe.com.
5.11 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.12 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or materially altered , this shall be the Host’s sole responsibility and the Host must communicate details of the cancellation, re-schedule or alteration (and any entitlement for Buyers to obtain a remedy under these Terms and Conditions or under applicable laws, including the Australian Consumer Law or NZ Consumer Law, as applicable) as soon as reasonably practicable to Buyers in a clear manner. The Listing must be updated or removed by the Host (as the case may be) and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.13 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Method options when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement other than as provided in these Terms and Conditions or where the dispute relates to a service provided by Universe to the Buyer.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable laws (including the Australian Consumer Law or NZ Consumer Law, as applicable) these Terms and Conditions or the refund policy for the Event, the Sale Price proceeds (less any Service Charges due to Universe) due to the Host from the Transactions will be made available approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing accurate bank account and payment information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall make funds available to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount. Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion (acting reasonably). Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion (acting reasonably), believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Refunds: If a Buyer is entitled to a refund in accordance with these Terms and Conditions or applicable law, or the Host otherwise grants a Buyer a refund, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to facilitate the payment of the refund to the Buyer. Universe will not pay any refund unless and until the Host has provided sufficient funds in the Host’s Universe account. The Host will be charged the Service Charge, which shall be retained by Universe. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Host.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website (for Australia or New Zealand, as applicable), Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments. Your use of Stripe Payments will be subject to any terms and conditions you agree with Stripe.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price (less the Service Charges if payable by the Host) will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer is entitled to a refund in accordance with these Terms and Conditions, the Host’s refund policy or applicable law, Universe shall have no liability to Buyers (unless otherwise required by law), and refunds of the Sale Price shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other Transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all Service Charges and related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold a reasonable amount of Host’s proceeds for up to six months if, in Universe’s reasonable opinion, there is a likelihood of chargebacks in respect of the Host’s Listing. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion or where permitted under the Host’s refund policy or required by applicable law.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Total Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event (such notice to be provided by the Host to the Buyer as soon as reasonably practicable), and the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee.
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), refunds will only be provided where required by law or at the discretion of the Host, provided that the Buyer requests the refund from the Host within a reasonable period following notice of the material alteration. The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. For the avoidance of doubt, the following will not generally be material alterations the use of understudies in theatre performances; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and reasonable delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data independently for its own purposes. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host processes the Host Copy Data from the point at which it is passed or made available to the Host independently for its own purposes.
11.3 Universe and the Host are individually and separately responsible for complying with its obligations as applicable under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from a Personal Information Breach.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools on behalf of the Host, paragraphs 11.5 to 11.8 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Information: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the Data Protection Legislation;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against a Personal Information Breach;
(d) inform the Host if it becomes aware of a Personal Information Breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the Data Protection Legislation, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe on behalf of the Host;
(f) at the request of the Host, provide evidence of its compliance with paragraphs 11.5 to 11.8 inclusive and permit the Host to carry out a documentary audit of such compliance no more than once annually;
(g) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the country of origin unless it has a lawful basis for the transfer; and
(h) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Information under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Information (including instructions in connection with requests from individuals exercising their rights under Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorised person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorised users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice as required under relevant laws including the Data Protection Legislation; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(a) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(b) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(c) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without, to the maximum extent permitted by law, any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Removal of Listings: Universe reserves the right to suspend or remove any Listings and/or suspend or cancel a Transaction and/or a Host’s Account in any of the following circumstances, if:
(a) Universe reasonably suspects that the Host is unable to pay its debts or Universe is otherwise entitled to terminate your account in accordance with paragraph 20.1;
(b) Universe reasonably suspects that the Host is unable to put on the event or otherwise meet its obligations to Buyers under these Terms and Conditions;
(c) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Listings or Transactions;
(d) Universe reasonably suspects any unauthorised use of a Host’s Account and/or of the Universe Services;
(e) a Listing does not comply with applicable legislation; and/or
(f) a breach of these Terms and Conditions occurs.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise outside of Universe’s reasonable control and Hosts will only do so in their sole discretion (acting reasonably) or as otherwise required under law (including but not limited to the Australian Consumer Law and NZ Consumer Law, as applicable).
14.4 Payment Information: The Buyer warrants and represents that they are authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that the applicable third-party payment processor, may debit the Transaction Value from the method of payment provided by the Buyer.
14.8 Ticket Resale: There are laws in place in some locations that prohibit resale of tickets to certain events or limit the prices at which they may be resold (Price Cap) and penalties may apply for non-compliance. Buyers are responsible for complying with any such laws. Unless a Host expressly provides otherwise, Tickets may not be resold or offered at a premium (above the Total Ticket Sale Price or statutory Price Cap, where applicable) or used for advertising, promotion or other commercial purposes. Universe cannot guarantee the authenticity of tickets purchased from any unauthorised third-party resellers or resale sites.
14.9 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.10 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.11 Donations: Hosts may offer Buyers the option to donate to a specified cause or charity. Where the Host offers a Buyer the option to donate, the Host is responsible for providing accurate and complete information about the relevant cause or charity, and for ensuring it holds all registrations and/or authorisations required by applicable law to collect donations where applicable. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings. Donations are subject to the same fees and charges as Tickets.
14.12 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above, and as specified as the Host’s refund policy at the time of purchase.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions or applicable law, the Buyer must contact the Host using the contact details in the Listing. If a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds of the Sale Price on the condition that the Host has provided the funds to enable it to do so. The Universe Per Order Fee is refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its discretion (acting reasonably). Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe, acting reasonably, reserves the right to cancel or reverse a Buyer’s Transaction in any of the following circumstances if:
(a) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe reasonably suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, and ensuring compliance with all applicable laws and regulations, related to the display, description, fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY:
18.1 Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
"Data Protection Legislation" means (i) the Australian Privacy Act 1988 (Cth); (ii) the New Zealand Privacy Act 2020; and (ii) any and all data protection laws and regulations applicable in Australia and/or New Zealand including those made under or pursuant to (i), in each case as may be amended or superseded from time to time.
"Event" means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
"Feedback" means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
"Force Majeure" means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g. reporting, email management or data analytics.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
"Personal Information" has the meaning given to it in the Data Protection Legislation.
"Personal Information Breach" means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in AUD, NZD or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host (excluding the Service Charge and Universe Per Order Fee).
“Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be included in the base Sale Price (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer). The Service Charge is inclusive of GST at the then-current rate.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, which may include, but is not limited to, Facebook, Twitter and Google.
“Threshold Amount” means A$10 or NZ$10 (as applicable).
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Total Sale Price” means the total per Ticket price displayed to the Buyer, which comprises the Sale Price plus the Service Charge (but does not include the Universe Per Order fee, if applicable).
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2 (including the Universe Per Order Fee, if applicable).
“Universe Account Information” means the Personal Information you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid Tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Total Sale Price as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then-current rate.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe reasonably suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe reasonably suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to administration or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could reasonably be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;~recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the Transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms and Conditions. If Universe determines that you have violated these Terms and Conditions or any local or national law, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms and Conditions. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional, national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, to the maximum extent permitted by law, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by applicable law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeable, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by applicable law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Service who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 The above does not restrict your statutory rights (including under Australian Consumer Law or NZ Consumer Law, as applicable), your right to make a complaint to the appropriate local or national regulatory authority, or your right to pursue court or tribunal proceedings or other forms of settlement with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the state and/or country where the Event for which you are purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Contact Us
If you have any questions, comments or complaints regarding these Terms and Conditions or the Website, please contact Customer Service.
Please ensure you read the Terms and Conditions below in full, it covers important terms and conditions that apply to your listing, tickets and any additional package or item that you purchase. In particular, we draw the following provisions to your attention:
a. Universe provides an online platform to facilitate the sale and purchase of Tickets and Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
b. Subject to the Host’s refund policy as specified in a Listing, Buyers will only be entitled to a refund in limited circumstances as set out in these Terms and Conditions, unless required by applicable law. See Cancelled, Rescheduled and Postponed Events (paragraph 10), Enforcement Action Against Hosts (paragraph 13), Cancellation and Refunds (paragraph 15) and Enforcement Action Against Buyers (paragraph 16). Where refunds are payable, it will be the Host and not Universe that will be responsible for refunds (unless caused by Universe and required by law).
c. Universe limits its liability for loss suffered by you at an event or as a result the cancellation or rescheduling an event, or the actions of another User. See Universe and User Content (paragraph 4.4), Compliance (paragraph 5.7), Refunds (paragraph 8.3), Chargebacks (paragraph 9.1), Donations (paragraph 14.11) Disputes (paragraph 15.3) and Liability (paragraph 24).
d. Universe may remove your listing or cancel your order if you do not comply with, and otherwise as set out in, these Terms and Conditions. See Event Cancellation, Rescheduling or Alteration (paragraph 5.10), Enforcement Action Against Hosts (paragraph 13), Approval Settings (paragraph 14.5) Enforcement Action Against Buyers (paragraph 16), Termination by Universe (paragraph 20.2).
e. Universe may withhold an amount of sale proceeds from a Host where it is reasonably satisfied that there is an increased risk of chargebacks or refund requests. See Withholding Payment (paragraph 7.6) and Chargebacks (paragraph 9).
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Australia Ticketmaster Australasia Pty Ltd ABN 49 089 258 837
New Zealand Ticketmaster NZ Limited NZBN 9429035032885
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
Universe does not own any Tickets or set the Sale Price;
(c) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(d) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems (acting reasonably) inappropriate from the Universe website (“Website”);
(e) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk; and
Universe is not an event organiser or promoter.
Therefore, to the maximum extent permitted by law, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case. It is the Host (and not Universe) that is responsible for any refunds (unless required by law).
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be communicated via the Contact Host or Contact Support (as applicable) button on the relevant Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Conflict between Laws and these Terms and Conditions: Where any applicable law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable in the state or country in which an event takes place will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies. These Terms and Conditions do not affect your rights under the Australian Consumer Law for events in Australia or New Zealand Consumer Law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) (“NZ Consumer Law”) for events in New Zealand.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if reasonably required by us, or as desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 Universe may also offer the option to register a Universe Account by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a business or ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then you must register with us as a ‘Business Seller’. If you are a Business Seller, you may be required to provide potential buyers with a geographical address, telephone number, email address and/or ABN or NZBN (as applicable) before any tickets are purchased, which may be displayed to Buyers at the time of purchase and, where required by applicable law, must be included in invoices and/or receipts issued to Buyers.
3. YOUR ACCOUNT
3.1 Password: You are responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password unless the disclosure is caused by Universe. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website as set out in these Terms and Conditions.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside Australia or New Zealand may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.2 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.3 Universe and User Content: To the maximum extent permitted by law, Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable to the extent permitted by law for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Permissible Listing Purposes: The Universe platform must only be used for the purposes of listing and purchasing Tickets for an Event (and any non-Ticket items that may be directly associated with the purchase of a Ticket for that Event, such as merchandise, add-on experiences, food and beverage at the event or Ticket upgrades) that the Host has the rights to offer Tickets and non-Ticket items for sale for. The Universe platform must not be used for any other purpose.
5.2 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.3 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.4 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) may be required to provide a geographical address and email address to Buyers before they purchase any Ticket. Accordingly, where required, these details must be included in the Listing.
5.5 Service Charge Preference: The Host can elect whether the Service Charge will be
(a) included in the base Sale Price you have nominated (in which case such amount will be collected by Universe prior to settlement of sales proceeds); or
(b) added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer).
The Service Charge, will be included in the Total Sale Price displayed to Buyers on the Listing during the purchase process. If the Host does not specify a preference then the Service Charge then it will be added to the base Sale Price and collected from the Buyer in accordance with paragraph 5.5(b).
5.6 Listing Description: The Host must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) Sale Price of each Ticket (inclusive of all GST and Seller-imposed fees and charges applicable to the Ticket but excluding the Service Charge and the Universe Per Order Fee, which will be added to the Listing automatically);
(g) a seat map of the Event (if applicable);
(h) confirmation that applicable taxes are included in the Transaction Value;
(i) whether the Service Charge will be included in the base Sale Price or added to the nominated base Sale Price;
(j) the Universe Per Order Fee (if applicable);
(k) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(l) the refund policy (in addition to any refund rights under Australian Consumer Law or the NZ Consumer Law, as applicable, or these Terms and Conditions), if any;
(m) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(n) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(o) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(p) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.7 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. To the maximum extent permitted by law, Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.8 Donations: The Host agrees that where it provides the option for a Buyer to make a donation to a cause or charity, it will be solely responsible for complying with all state and federal laws and regulations, and shall obtain and hold all necessary permissions, licences and registrations required to solicit and receive money or any other benefit through the collection of donations as a fundraiser. If a Host collects charity donations, Universe may request, and the Host shall promptly provide all details on its Universe account, including its ABN and Deductible Gift Recipient (DGR) status if the Host is based in Australia or its NZBN and donee organisation approval status if the Host is based in New Zealand, which the Host shall be responsible for ensuring remain current and correct. If the Host is not entitled by law to retain a donation or is obliged by law to return a donation, the Host is solely responsible for returning donated amounts to the relevant Buyers in full and for the payment of any associated penalties.
5.9 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that they create:
relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(a) include accurate and transparent Ticket prices and information relating to all additional charges and GST which will be incurred by Buyers;
(b) if booked, will be honoured, unless otherwise agreed with the Buyer;
(c) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(d) do not infringe any third-party rights (including intellectual property rights);
(e) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not, to the best of Host’s knowledge after Host has made reasonable inquiries, comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable local, national or international law or regulation, and the Host warrants that the Host holds all necessary permissions, licences and registrations to conduct the Event;
(l) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collection of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(m) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collecti~(l) on of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(n) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(o) cannot reasonably be construed (in Universe’s opinion acting reasonably) to be associated with any terrorist organisations; and
(p) do not contain political campaigning, commercial solicitation, chain letters or mass mailings and otherwise comply with the Data Protection Legislation, and the Spam Act 2003 (Cth) in Australia or the Unsolicited Electronic Messages Act 2007 in New Zealand.
5.10 Applicable Taxes: The Host is responsible for ensuring that the Sale Price includes all taxes required on Listings, including the applicable Goods and Services Tax (GST). It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Tickets. You may also be required to provide a valid GST invoice in respect of the order when requested to do so by a buyer. If in doubt about any of your tax obligations, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. GST-registered Hosts should contact support@universe.com.
5.11 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.12 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or materially altered , this shall be the Host’s sole responsibility and the Host must communicate details of the cancellation, re-schedule or alteration (and any entitlement for Buyers to obtain a remedy under these Terms and Conditions or under applicable laws, including the Australian Consumer Law or NZ Consumer Law, as applicable) as soon as reasonably practicable to Buyers in a clear manner. The Listing must be updated or removed by the Host (as the case may be) and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.13 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Method options when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement other than as provided in these Terms and Conditions or where the dispute relates to a service provided by Universe to the Buyer.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable laws (including the Australian Consumer Law or NZ Consumer Law, as applicable) these Terms and Conditions or the refund policy for the Event, the Sale Price proceeds (less any Service Charges due to Universe) due to the Host from the Transactions will be made available approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing accurate bank account and payment information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall make funds available to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount. Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion (acting reasonably). Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion (acting reasonably), believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Refunds: If a Buyer is entitled to a refund in accordance with these Terms and Conditions or applicable law, or the Host otherwise grants a Buyer a refund, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to facilitate the payment of the refund to the Buyer. Universe will not pay any refund unless and until the Host has provided sufficient funds in the Host’s Universe account. The Host will be charged the Service Charge, which shall be retained by Universe. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Host.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website (for Australia or New Zealand, as applicable), Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments. Your use of Stripe Payments will be subject to any terms and conditions you agree with Stripe.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price (less the Service Charges if payable by the Host) will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer is entitled to a refund in accordance with these Terms and Conditions, the Host’s refund policy or applicable law, Universe shall have no liability to Buyers (unless otherwise required by law), and refunds of the Sale Price shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other Transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all Service Charges and related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold a reasonable amount of Host’s proceeds for up to six months if, in Universe’s reasonable opinion, there is a likelihood of chargebacks in respect of the Host’s Listing. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion or where permitted under the Host’s refund policy or required by applicable law.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Total Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event (such notice to be provided by the Host to the Buyer as soon as reasonably practicable), and the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee.
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), refunds will only be provided where required by law or at the discretion of the Host, provided that the Buyer requests the refund from the Host within a reasonable period following notice of the material alteration. The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. For the avoidance of doubt, the following will not generally be material alterations the use of understudies in theatre performances; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and reasonable delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data independently for its own purposes. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host processes the Host Copy Data from the point at which it is passed or made available to the Host independently for its own purposes.
11.3 Universe and the Host are individually and separately responsible for complying with its obligations as applicable under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from a Personal Information Breach.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools on behalf of the Host, paragraphs 11.5 to 11.8 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Information: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the Data Protection Legislation;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against a Personal Information Breach;
(d) inform the Host if it becomes aware of a Personal Information Breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the Data Protection Legislation, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe on behalf of the Host;
(f) at the request of the Host, provide evidence of its compliance with paragraphs 11.5 to 11.8 inclusive and permit the Host to carry out a documentary audit of such compliance no more than once annually;
(g) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the country of origin unless it has a lawful basis for the transfer; and
(h) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Information under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Information (including instructions in connection with requests from individuals exercising their rights under Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorised person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorised users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice as required under relevant laws including the Data Protection Legislation; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(a) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(b) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(c) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without, to the maximum extent permitted by law, any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Removal of Listings: Universe reserves the right to suspend or remove any Listings and/or suspend or cancel a Transaction and/or a Host’s Account in any of the following circumstances, if:
(a) Universe reasonably suspects that the Host is unable to pay its debts or Universe is otherwise entitled to terminate your account in accordance with paragraph 20.1;
(b) Universe reasonably suspects that the Host is unable to put on the event or otherwise meet its obligations to Buyers under these Terms and Conditions;
(c) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Listings or Transactions;
(d) Universe reasonably suspects any unauthorised use of a Host’s Account and/or of the Universe Services;
(e) a Listing does not comply with applicable legislation; and/or
(f) a breach of these Terms and Conditions occurs.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise outside of Universe’s reasonable control and Hosts will only do so in their sole discretion (acting reasonably) or as otherwise required under law (including but not limited to the Australian Consumer Law and NZ Consumer Law, as applicable).
14.4 Payment Information: The Buyer warrants and represents that they are authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that the applicable third-party payment processor, may debit the Transaction Value from the method of payment provided by the Buyer.
14.8 Ticket Resale: There are laws in place in some locations that prohibit resale of tickets to certain events or limit the prices at which they may be resold (Price Cap) and penalties may apply for non-compliance. Buyers are responsible for complying with any such laws. Unless a Host expressly provides otherwise, Tickets may not be resold or offered at a premium (above the Total Ticket Sale Price or statutory Price Cap, where applicable) or used for advertising, promotion or other commercial purposes. Universe cannot guarantee the authenticity of tickets purchased from any unauthorised third-party resellers or resale sites.
14.9 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.10 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.11 Donations: Hosts may offer Buyers the option to donate to a specified cause or charity. Where the Host offers a Buyer the option to donate, the Host is responsible for providing accurate and complete information about the relevant cause or charity, and for ensuring it holds all registrations and/or authorisations required by applicable law to collect donations where applicable. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings. Donations are subject to the same fees and charges as Tickets.
14.12 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above, and as specified as the Host’s refund policy at the time of purchase.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions or applicable law, the Buyer must contact the Host using the contact details in the Listing. If a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds of the Sale Price on the condition that the Host has provided the funds to enable it to do so. The Universe Per Order Fee is refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its discretion (acting reasonably). Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe, acting reasonably, reserves the right to cancel or reverse a Buyer’s Transaction in any of the following circumstances if:
(a) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe reasonably suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, and ensuring compliance with all applicable laws and regulations, related to the display, description, fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY:
18.1 Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
"Data Protection Legislation" means (i) the Australian Privacy Act 1988 (Cth); (ii) the New Zealand Privacy Act 2020; and (ii) any and all data protection laws and regulations applicable in Australia and/or New Zealand including those made under or pursuant to (i), in each case as may be amended or superseded from time to time.
"Event" means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
"Feedback" means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
"Force Majeure" means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g. reporting, email management or data analytics.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
"Personal Information" has the meaning given to it in the Data Protection Legislation.
"Personal Information Breach" means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in AUD, NZD or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host (excluding the Service Charge and Universe Per Order Fee).
“Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be included in the base Sale Price (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer). The Service Charge is inclusive of GST at the then-current rate.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, which may include, but is not limited to, Facebook, Twitter and Google.
“Threshold Amount” means A$10 or NZ$10 (as applicable).
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Total Sale Price” means the total per Ticket price displayed to the Buyer, which comprises the Sale Price plus the Service Charge (but does not include the Universe Per Order fee, if applicable).
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2 (including the Universe Per Order Fee, if applicable).
“Universe Account Information” means the Personal Information you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid Tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Total Sale Price as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then-current rate.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe reasonably suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe reasonably suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to administration or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could reasonably be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;~recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the Transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms and Conditions. If Universe determines that you have violated these Terms and Conditions or any local or national law, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms and Conditions. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional, national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, to the maximum extent permitted by law, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by applicable law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeable, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by applicable law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Service who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 The above does not restrict your statutory rights (including under Australian Consumer Law or NZ Consumer Law, as applicable), your right to make a complaint to the appropriate local or national regulatory authority, or your right to pursue court or tribunal proceedings or other forms of settlement with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the state and/or country where the Event for which you are purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Contact Us
If you have any questions, comments or complaints regarding these Terms and Conditions or the Website, please contact Customer Service.
Please ensure you read the Terms and Conditions below in full, it covers important terms and conditions that apply to your listing, tickets and any additional package or item that you purchase. In particular, we draw the following provisions to your attention:
a. Universe provides an online platform to facilitate the sale and purchase of Tickets and Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
b. Subject to the Host’s refund policy as specified in a Listing, Buyers will only be entitled to a refund in limited circumstances as set out in these Terms and Conditions, unless required by applicable law. See Cancelled, Rescheduled and Postponed Events (paragraph 10), Enforcement Action Against Hosts (paragraph 13), Cancellation and Refunds (paragraph 15) and Enforcement Action Against Buyers (paragraph 16). Where refunds are payable, it will be the Host and not Universe that will be responsible for refunds (unless caused by Universe and required by law).
c. Universe limits its liability for loss suffered by you at an event or as a result the cancellation or rescheduling an event, or the actions of another User. See Universe and User Content (paragraph 4.4), Compliance (paragraph 5.7), Refunds (paragraph 8.3), Chargebacks (paragraph 9.1), Donations (paragraph 14.11) Disputes (paragraph 15.3) and Liability (paragraph 24).
d. Universe may remove your listing or cancel your order if you do not comply with, and otherwise as set out in, these Terms and Conditions. See Event Cancellation, Rescheduling or Alteration (paragraph 5.10), Enforcement Action Against Hosts (paragraph 13), Approval Settings (paragraph 14.5) Enforcement Action Against Buyers (paragraph 16), Termination by Universe (paragraph 20.2).
e. Universe may withhold an amount of sale proceeds from a Host where it is reasonably satisfied that there is an increased risk of chargebacks or refund requests. See Withholding Payment (paragraph 7.6) and Chargebacks (paragraph 9).
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Australia Ticketmaster Australasia Pty Ltd ABN 49 089 258 837
New Zealand Ticketmaster NZ Limited NZBN 9429035032885
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
Universe does not own any Tickets or set the Sale Price;
(c) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(d) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems (acting reasonably) inappropriate from the Universe website (“Website”);
(e) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk; and
Universe is not an event organiser or promoter.
Therefore, to the maximum extent permitted by law, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case. It is the Host (and not Universe) that is responsible for any refunds (unless required by law).
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be communicated via the Contact Host or Contact Support (as applicable) button on the relevant Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Conflict between Laws and these Terms and Conditions: Where any applicable law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable in the state or country in which an event takes place will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies. These Terms and Conditions do not affect your rights under the Australian Consumer Law for events in Australia or New Zealand Consumer Law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) (“NZ Consumer Law”) for events in New Zealand.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if reasonably required by us, or as desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 Universe may also offer the option to register a Universe Account by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a business or ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then you must register with us as a ‘Business Seller’. If you are a Business Seller, you may be required to provide potential buyers with a geographical address, telephone number, email address and/or ABN or NZBN (as applicable) before any tickets are purchased, which may be displayed to Buyers at the time of purchase and, where required by applicable law, must be included in invoices and/or receipts issued to Buyers.
3. YOUR ACCOUNT
3.1 Password: You are responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password unless the disclosure is caused by Universe. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website as set out in these Terms and Conditions.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside Australia or New Zealand may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.2 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.3 Universe and User Content: To the maximum extent permitted by law, Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable to the extent permitted by law for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Permissible Listing Purposes: The Universe platform must only be used for the purposes of listing and purchasing Tickets for an Event (and any non-Ticket items that may be directly associated with the purchase of a Ticket for that Event, such as merchandise, add-on experiences, food and beverage at the event or Ticket upgrades) that the Host has the rights to offer Tickets and non-Ticket items for sale for. The Universe platform must not be used for any other purpose.
5.2 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.3 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.4 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) may be required to provide a geographical address and email address to Buyers before they purchase any Ticket. Accordingly, where required, these details must be included in the Listing.
5.5 Service Charge Preference: The Host can elect whether the Service Charge will be
(a) included in the base Sale Price you have nominated (in which case such amount will be collected by Universe prior to settlement of sales proceeds); or
(b) added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer).
The Service Charge, will be included in the Total Sale Price displayed to Buyers on the Listing during the purchase process. If the Host does not specify a preference then the Service Charge then it will be added to the base Sale Price and collected from the Buyer in accordance with paragraph 5.5(b).
5.6 Listing Description: The Host must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) Sale Price of each Ticket (inclusive of all GST and Seller-imposed fees and charges applicable to the Ticket but excluding the Service Charge and the Universe Per Order Fee, which will be added to the Listing automatically);
(g) a seat map of the Event (if applicable);
(h) confirmation that applicable taxes are included in the Transaction Value;
(i) whether the Service Charge will be included in the base Sale Price or added to the nominated base Sale Price;
(j) the Universe Per Order Fee (if applicable);
(k) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(l) the refund policy (in addition to any refund rights under Australian Consumer Law or the NZ Consumer Law, as applicable, or these Terms and Conditions), if any;
(m) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(n) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(o) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(p) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.7 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. To the maximum extent permitted by law, Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.8 Donations: The Host agrees that where it provides the option for a Buyer to make a donation to a cause or charity, it will be solely responsible for complying with all state and federal laws and regulations, and shall obtain and hold all necessary permissions, licences and registrations required to solicit and receive money or any other benefit through the collection of donations as a fundraiser. If a Host collects charity donations, Universe may request, and the Host shall promptly provide all details on its Universe account, including its ABN and Deductible Gift Recipient (DGR) status if the Host is based in Australia or its NZBN and donee organisation approval status if the Host is based in New Zealand, which the Host shall be responsible for ensuring remain current and correct. If the Host is not entitled by law to retain a donation or is obliged by law to return a donation, the Host is solely responsible for returning donated amounts to the relevant Buyers in full and for the payment of any associated penalties.
5.9 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that they create:
relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(a) include accurate and transparent Ticket prices and information relating to all additional charges and GST which will be incurred by Buyers;
(b) if booked, will be honoured, unless otherwise agreed with the Buyer;
(c) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(d) do not infringe any third-party rights (including intellectual property rights);
(e) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not, to the best of Host’s knowledge after Host has made reasonable inquiries, comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable local, national or international law or regulation, and the Host warrants that the Host holds all necessary permissions, licences and registrations to conduct the Event;
(l) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collection of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(m) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collecti~(l) on of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(n) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(o) cannot reasonably be construed (in Universe’s opinion acting reasonably) to be associated with any terrorist organisations; and
(p) do not contain political campaigning, commercial solicitation, chain letters or mass mailings and otherwise comply with the Data Protection Legislation, and the Spam Act 2003 (Cth) in Australia or the Unsolicited Electronic Messages Act 2007 in New Zealand.
5.10 Applicable Taxes: The Host is responsible for ensuring that the Sale Price includes all taxes required on Listings, including the applicable Goods and Services Tax (GST). It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Tickets. You may also be required to provide a valid GST invoice in respect of the order when requested to do so by a buyer. If in doubt about any of your tax obligations, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. GST-registered Hosts should contact support@universe.com.
5.11 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.12 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or materially altered , this shall be the Host’s sole responsibility and the Host must communicate details of the cancellation, re-schedule or alteration (and any entitlement for Buyers to obtain a remedy under these Terms and Conditions or under applicable laws, including the Australian Consumer Law or NZ Consumer Law, as applicable) as soon as reasonably practicable to Buyers in a clear manner. The Listing must be updated or removed by the Host (as the case may be) and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.13 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Method options when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement other than as provided in these Terms and Conditions or where the dispute relates to a service provided by Universe to the Buyer.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable laws (including the Australian Consumer Law or NZ Consumer Law, as applicable) these Terms and Conditions or the refund policy for the Event, the Sale Price proceeds (less any Service Charges due to Universe) due to the Host from the Transactions will be made available approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing accurate bank account and payment information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall make funds available to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount. Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion (acting reasonably). Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion (acting reasonably), believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Refunds: If a Buyer is entitled to a refund in accordance with these Terms and Conditions or applicable law, or the Host otherwise grants a Buyer a refund, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to facilitate the payment of the refund to the Buyer. Universe will not pay any refund unless and until the Host has provided sufficient funds in the Host’s Universe account. The Host will be charged the Service Charge, which shall be retained by Universe. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Host.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website (for Australia or New Zealand, as applicable), Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments. Your use of Stripe Payments will be subject to any terms and conditions you agree with Stripe.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price (less the Service Charges if payable by the Host) will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer is entitled to a refund in accordance with these Terms and Conditions, the Host’s refund policy or applicable law, Universe shall have no liability to Buyers (unless otherwise required by law), and refunds of the Sale Price shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other Transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all Service Charges and related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold a reasonable amount of Host’s proceeds for up to six months if, in Universe’s reasonable opinion, there is a likelihood of chargebacks in respect of the Host’s Listing. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion or where permitted under the Host’s refund policy or required by applicable law.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Total Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event (such notice to be provided by the Host to the Buyer as soon as reasonably practicable), and the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee.
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), refunds will only be provided where required by law or at the discretion of the Host, provided that the Buyer requests the refund from the Host within a reasonable period following notice of the material alteration. The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. For the avoidance of doubt, the following will not generally be material alterations the use of understudies in theatre performances; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and reasonable delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data independently for its own purposes. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host processes the Host Copy Data from the point at which it is passed or made available to the Host independently for its own purposes.
11.3 Universe and the Host are individually and separately responsible for complying with its obligations as applicable under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from a Personal Information Breach.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools on behalf of the Host, paragraphs 11.5 to 11.8 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Information: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the Data Protection Legislation;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against a Personal Information Breach;
(d) inform the Host if it becomes aware of a Personal Information Breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the Data Protection Legislation, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe on behalf of the Host;
(f) at the request of the Host, provide evidence of its compliance with paragraphs 11.5 to 11.8 inclusive and permit the Host to carry out a documentary audit of such compliance no more than once annually;
(g) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the country of origin unless it has a lawful basis for the transfer; and
(h) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Information under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Information (including instructions in connection with requests from individuals exercising their rights under Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorised person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorised users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice as required under relevant laws including the Data Protection Legislation; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(a) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(b) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(c) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without, to the maximum extent permitted by law, any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Removal of Listings: Universe reserves the right to suspend or remove any Listings and/or suspend or cancel a Transaction and/or a Host’s Account in any of the following circumstances, if:
(a) Universe reasonably suspects that the Host is unable to pay its debts or Universe is otherwise entitled to terminate your account in accordance with paragraph 20.1;
(b) Universe reasonably suspects that the Host is unable to put on the event or otherwise meet its obligations to Buyers under these Terms and Conditions;
(c) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Listings or Transactions;
(d) Universe reasonably suspects any unauthorised use of a Host’s Account and/or of the Universe Services;
(e) a Listing does not comply with applicable legislation; and/or
(f) a breach of these Terms and Conditions occurs.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise outside of Universe’s reasonable control and Hosts will only do so in their sole discretion (acting reasonably) or as otherwise required under law (including but not limited to the Australian Consumer Law and NZ Consumer Law, as applicable).
14.4 Payment Information: The Buyer warrants and represents that they are authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that the applicable third-party payment processor, may debit the Transaction Value from the method of payment provided by the Buyer.
14.8 Ticket Resale: There are laws in place in some locations that prohibit resale of tickets to certain events or limit the prices at which they may be resold (Price Cap) and penalties may apply for non-compliance. Buyers are responsible for complying with any such laws. Unless a Host expressly provides otherwise, Tickets may not be resold or offered at a premium (above the Total Ticket Sale Price or statutory Price Cap, where applicable) or used for advertising, promotion or other commercial purposes. Universe cannot guarantee the authenticity of tickets purchased from any unauthorised third-party resellers or resale sites.
14.9 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.10 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.11 Donations: Hosts may offer Buyers the option to donate to a specified cause or charity. Where the Host offers a Buyer the option to donate, the Host is responsible for providing accurate and complete information about the relevant cause or charity, and for ensuring it holds all registrations and/or authorisations required by applicable law to collect donations where applicable. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings. Donations are subject to the same fees and charges as Tickets.
14.12 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above, and as specified as the Host’s refund policy at the time of purchase.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions or applicable law, the Buyer must contact the Host using the contact details in the Listing. If a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds of the Sale Price on the condition that the Host has provided the funds to enable it to do so. The Universe Per Order Fee is refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its discretion (acting reasonably). Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe, acting reasonably, reserves the right to cancel or reverse a Buyer’s Transaction in any of the following circumstances if:
(a) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe reasonably suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, and ensuring compliance with all applicable laws and regulations, related to the display, description, fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY:
18.1 Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
"Data Protection Legislation" means (i) the Australian Privacy Act 1988 (Cth); (ii) the New Zealand Privacy Act 2020; and (ii) any and all data protection laws and regulations applicable in Australia and/or New Zealand including those made under or pursuant to (i), in each case as may be amended or superseded from time to time.
"Event" means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
"Feedback" means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
"Force Majeure" means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g. reporting, email management or data analytics.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
"Personal Information" has the meaning given to it in the Data Protection Legislation.
"Personal Information Breach" means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in AUD, NZD or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host (excluding the Service Charge and Universe Per Order Fee).
“Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be included in the base Sale Price (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer). The Service Charge is inclusive of GST at the then-current rate.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, which may include, but is not limited to, Facebook, Twitter and Google.
“Threshold Amount” means A$10 or NZ$10 (as applicable).
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Total Sale Price” means the total per Ticket price displayed to the Buyer, which comprises the Sale Price plus the Service Charge (but does not include the Universe Per Order fee, if applicable).
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2 (including the Universe Per Order Fee, if applicable).
“Universe Account Information” means the Personal Information you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid Tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Total Sale Price as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then-current rate.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe reasonably suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe reasonably suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to administration or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could reasonably be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;~recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the Transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms and Conditions. If Universe determines that you have violated these Terms and Conditions or any local or national law, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms and Conditions. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional, national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, to the maximum extent permitted by law, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by applicable law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeable, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by applicable law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Service who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 The above does not restrict your statutory rights (including under Australian Consumer Law or NZ Consumer Law, as applicable), your right to make a complaint to the appropriate local or national regulatory authority, or your right to pursue court or tribunal proceedings or other forms of settlement with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the state and/or country where the Event for which you are purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Contact Us
If you have any questions, comments or complaints regarding these Terms and Conditions or the Website, please contact Customer Service.
Please ensure you read the Terms and Conditions below in full, it covers important terms and conditions that apply to your listing, tickets and any additional package or item that you purchase. In particular, we draw the following provisions to your attention:
a. Universe provides an online platform to facilitate the sale and purchase of Tickets and Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
b. Subject to the Host’s refund policy as specified in a Listing, Buyers will only be entitled to a refund in limited circumstances as set out in these Terms and Conditions, unless required by applicable law. See Cancelled, Rescheduled and Postponed Events (paragraph 10), Enforcement Action Against Hosts (paragraph 13), Cancellation and Refunds (paragraph 15) and Enforcement Action Against Buyers (paragraph 16). Where refunds are payable, it will be the Host and not Universe that will be responsible for refunds (unless caused by Universe and required by law).
c. Universe limits its liability for loss suffered by you at an event or as a result the cancellation or rescheduling an event, or the actions of another User. See Universe and User Content (paragraph 4.4), Compliance (paragraph 5.7), Refunds (paragraph 8.3), Chargebacks (paragraph 9.1), Donations (paragraph 14.11) Disputes (paragraph 15.3) and Liability (paragraph 24).
d. Universe may remove your listing or cancel your order if you do not comply with, and otherwise as set out in, these Terms and Conditions. See Event Cancellation, Rescheduling or Alteration (paragraph 5.10), Enforcement Action Against Hosts (paragraph 13), Approval Settings (paragraph 14.5) Enforcement Action Against Buyers (paragraph 16), Termination by Universe (paragraph 20.2).
e. Universe may withhold an amount of sale proceeds from a Host where it is reasonably satisfied that there is an increased risk of chargebacks or refund requests. See Withholding Payment (paragraph 7.6) and Chargebacks (paragraph 9).
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Australia Ticketmaster Australasia Pty Ltd ABN 49 089 258 837
New Zealand Ticketmaster NZ Limited NZBN 9429035032885
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
Universe does not own any Tickets or set the Sale Price;
(c) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(d) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems (acting reasonably) inappropriate from the Universe website (“Website”);
(e) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk; and
Universe is not an event organiser or promoter.
Therefore, to the maximum extent permitted by law, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case. It is the Host (and not Universe) that is responsible for any refunds (unless required by law).
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be communicated via the Contact Host or Contact Support (as applicable) button on the relevant Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Conflict between Laws and these Terms and Conditions: Where any applicable law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable in the state or country in which an event takes place will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies. These Terms and Conditions do not affect your rights under the Australian Consumer Law for events in Australia or New Zealand Consumer Law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) (“NZ Consumer Law”) for events in New Zealand.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if reasonably required by us, or as desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 Universe may also offer the option to register a Universe Account by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a business or ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then you must register with us as a ‘Business Seller’. If you are a Business Seller, you may be required to provide potential buyers with a geographical address, telephone number, email address and/or ABN or NZBN (as applicable) before any tickets are purchased, which may be displayed to Buyers at the time of purchase and, where required by applicable law, must be included in invoices and/or receipts issued to Buyers.
3. YOUR ACCOUNT
3.1 Password: You are responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password unless the disclosure is caused by Universe. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website as set out in these Terms and Conditions.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside Australia or New Zealand may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.2 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.3 Universe and User Content: To the maximum extent permitted by law, Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable to the extent permitted by law for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Permissible Listing Purposes: The Universe platform must only be used for the purposes of listing and purchasing Tickets for an Event (and any non-Ticket items that may be directly associated with the purchase of a Ticket for that Event, such as merchandise, add-on experiences, food and beverage at the event or Ticket upgrades) that the Host has the rights to offer Tickets and non-Ticket items for sale for. The Universe platform must not be used for any other purpose.
5.2 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.3 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.4 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) may be required to provide a geographical address and email address to Buyers before they purchase any Ticket. Accordingly, where required, these details must be included in the Listing.
5.5 Service Charge Preference: The Host can elect whether the Service Charge will be
(a) included in the base Sale Price you have nominated (in which case such amount will be collected by Universe prior to settlement of sales proceeds); or
(b) added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer).
The Service Charge, will be included in the Total Sale Price displayed to Buyers on the Listing during the purchase process. If the Host does not specify a preference then the Service Charge then it will be added to the base Sale Price and collected from the Buyer in accordance with paragraph 5.5(b).
5.6 Listing Description: The Host must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) Sale Price of each Ticket (inclusive of all GST and Seller-imposed fees and charges applicable to the Ticket but excluding the Service Charge and the Universe Per Order Fee, which will be added to the Listing automatically);
(g) a seat map of the Event (if applicable);
(h) confirmation that applicable taxes are included in the Transaction Value;
(i) whether the Service Charge will be included in the base Sale Price or added to the nominated base Sale Price;
(j) the Universe Per Order Fee (if applicable);
(k) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(l) the refund policy (in addition to any refund rights under Australian Consumer Law or the NZ Consumer Law, as applicable, or these Terms and Conditions), if any;
(m) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(n) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(o) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(p) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.7 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. To the maximum extent permitted by law, Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.8 Donations: The Host agrees that where it provides the option for a Buyer to make a donation to a cause or charity, it will be solely responsible for complying with all state and federal laws and regulations, and shall obtain and hold all necessary permissions, licences and registrations required to solicit and receive money or any other benefit through the collection of donations as a fundraiser. If a Host collects charity donations, Universe may request, and the Host shall promptly provide all details on its Universe account, including its ABN and Deductible Gift Recipient (DGR) status if the Host is based in Australia or its NZBN and donee organisation approval status if the Host is based in New Zealand, which the Host shall be responsible for ensuring remain current and correct. If the Host is not entitled by law to retain a donation or is obliged by law to return a donation, the Host is solely responsible for returning donated amounts to the relevant Buyers in full and for the payment of any associated penalties.
5.9 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that they create:
relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(a) include accurate and transparent Ticket prices and information relating to all additional charges and GST which will be incurred by Buyers;
(b) if booked, will be honoured, unless otherwise agreed with the Buyer;
(c) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(d) do not infringe any third-party rights (including intellectual property rights);
(e) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not, to the best of Host’s knowledge after Host has made reasonable inquiries, comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable local, national or international law or regulation, and the Host warrants that the Host holds all necessary permissions, licences and registrations to conduct the Event;
(l) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collection of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(m) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collecti~(l) on of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(n) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(o) cannot reasonably be construed (in Universe’s opinion acting reasonably) to be associated with any terrorist organisations; and
(p) do not contain political campaigning, commercial solicitation, chain letters or mass mailings and otherwise comply with the Data Protection Legislation, and the Spam Act 2003 (Cth) in Australia or the Unsolicited Electronic Messages Act 2007 in New Zealand.
5.10 Applicable Taxes: The Host is responsible for ensuring that the Sale Price includes all taxes required on Listings, including the applicable Goods and Services Tax (GST). It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Tickets. You may also be required to provide a valid GST invoice in respect of the order when requested to do so by a buyer. If in doubt about any of your tax obligations, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. GST-registered Hosts should contact support@universe.com.
5.11 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.12 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or materially altered , this shall be the Host’s sole responsibility and the Host must communicate details of the cancellation, re-schedule or alteration (and any entitlement for Buyers to obtain a remedy under these Terms and Conditions or under applicable laws, including the Australian Consumer Law or NZ Consumer Law, as applicable) as soon as reasonably practicable to Buyers in a clear manner. The Listing must be updated or removed by the Host (as the case may be) and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.13 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Method options when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement other than as provided in these Terms and Conditions or where the dispute relates to a service provided by Universe to the Buyer.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable laws (including the Australian Consumer Law or NZ Consumer Law, as applicable) these Terms and Conditions or the refund policy for the Event, the Sale Price proceeds (less any Service Charges due to Universe) due to the Host from the Transactions will be made available approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing accurate bank account and payment information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall make funds available to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount. Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion (acting reasonably). Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion (acting reasonably), believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Refunds: If a Buyer is entitled to a refund in accordance with these Terms and Conditions or applicable law, or the Host otherwise grants a Buyer a refund, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to facilitate the payment of the refund to the Buyer. Universe will not pay any refund unless and until the Host has provided sufficient funds in the Host’s Universe account. The Host will be charged the Service Charge, which shall be retained by Universe. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Host.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website (for Australia or New Zealand, as applicable), Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments. Your use of Stripe Payments will be subject to any terms and conditions you agree with Stripe.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price (less the Service Charges if payable by the Host) will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer is entitled to a refund in accordance with these Terms and Conditions, the Host’s refund policy or applicable law, Universe shall have no liability to Buyers (unless otherwise required by law), and refunds of the Sale Price shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other Transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all Service Charges and related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold a reasonable amount of Host’s proceeds for up to six months if, in Universe’s reasonable opinion, there is a likelihood of chargebacks in respect of the Host’s Listing. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion or where permitted under the Host’s refund policy or required by applicable law.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Total Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event (such notice to be provided by the Host to the Buyer as soon as reasonably practicable), and the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee.
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), refunds will only be provided where required by law or at the discretion of the Host, provided that the Buyer requests the refund from the Host within a reasonable period following notice of the material alteration. The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. For the avoidance of doubt, the following will not generally be material alterations the use of understudies in theatre performances; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and reasonable delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data independently for its own purposes. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host processes the Host Copy Data from the point at which it is passed or made available to the Host independently for its own purposes.
11.3 Universe and the Host are individually and separately responsible for complying with its obligations as applicable under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from a Personal Information Breach.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools on behalf of the Host, paragraphs 11.5 to 11.8 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Information: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the Data Protection Legislation;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against a Personal Information Breach;
(d) inform the Host if it becomes aware of a Personal Information Breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the Data Protection Legislation, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe on behalf of the Host;
(f) at the request of the Host, provide evidence of its compliance with paragraphs 11.5 to 11.8 inclusive and permit the Host to carry out a documentary audit of such compliance no more than once annually;
(g) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the country of origin unless it has a lawful basis for the transfer; and
(h) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Information under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Information (including instructions in connection with requests from individuals exercising their rights under Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorised person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorised users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice as required under relevant laws including the Data Protection Legislation; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(a) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(b) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(c) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without, to the maximum extent permitted by law, any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Removal of Listings: Universe reserves the right to suspend or remove any Listings and/or suspend or cancel a Transaction and/or a Host’s Account in any of the following circumstances, if:
(a) Universe reasonably suspects that the Host is unable to pay its debts or Universe is otherwise entitled to terminate your account in accordance with paragraph 20.1;
(b) Universe reasonably suspects that the Host is unable to put on the event or otherwise meet its obligations to Buyers under these Terms and Conditions;
(c) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Listings or Transactions;
(d) Universe reasonably suspects any unauthorised use of a Host’s Account and/or of the Universe Services;
(e) a Listing does not comply with applicable legislation; and/or
(f) a breach of these Terms and Conditions occurs.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise outside of Universe’s reasonable control and Hosts will only do so in their sole discretion (acting reasonably) or as otherwise required under law (including but not limited to the Australian Consumer Law and NZ Consumer Law, as applicable).
14.4 Payment Information: The Buyer warrants and represents that they are authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that the applicable third-party payment processor, may debit the Transaction Value from the method of payment provided by the Buyer.
14.8 Ticket Resale: There are laws in place in some locations that prohibit resale of tickets to certain events or limit the prices at which they may be resold (Price Cap) and penalties may apply for non-compliance. Buyers are responsible for complying with any such laws. Unless a Host expressly provides otherwise, Tickets may not be resold or offered at a premium (above the Total Ticket Sale Price or statutory Price Cap, where applicable) or used for advertising, promotion or other commercial purposes. Universe cannot guarantee the authenticity of tickets purchased from any unauthorised third-party resellers or resale sites.
14.9 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.10 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.11 Donations: Hosts may offer Buyers the option to donate to a specified cause or charity. Where the Host offers a Buyer the option to donate, the Host is responsible for providing accurate and complete information about the relevant cause or charity, and for ensuring it holds all registrations and/or authorisations required by applicable law to collect donations where applicable. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings. Donations are subject to the same fees and charges as Tickets.
14.12 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above, and as specified as the Host’s refund policy at the time of purchase.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions or applicable law, the Buyer must contact the Host using the contact details in the Listing. If a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds of the Sale Price on the condition that the Host has provided the funds to enable it to do so. The Universe Per Order Fee is refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its discretion (acting reasonably). Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe, acting reasonably, reserves the right to cancel or reverse a Buyer’s Transaction in any of the following circumstances if:
(a) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe reasonably suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, and ensuring compliance with all applicable laws and regulations, related to the display, description, fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY:
18.1 Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
"Data Protection Legislation" means (i) the Australian Privacy Act 1988 (Cth); (ii) the New Zealand Privacy Act 2020; and (ii) any and all data protection laws and regulations applicable in Australia and/or New Zealand including those made under or pursuant to (i), in each case as may be amended or superseded from time to time.
"Event" means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
"Feedback" means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
"Force Majeure" means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g. reporting, email management or data analytics.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
"Personal Information" has the meaning given to it in the Data Protection Legislation.
"Personal Information Breach" means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in AUD, NZD or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host (excluding the Service Charge and Universe Per Order Fee).
“Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be included in the base Sale Price (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer). The Service Charge is inclusive of GST at the then-current rate.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, which may include, but is not limited to, Facebook, Twitter and Google.
“Threshold Amount” means A$10 or NZ$10 (as applicable).
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Total Sale Price” means the total per Ticket price displayed to the Buyer, which comprises the Sale Price plus the Service Charge (but does not include the Universe Per Order fee, if applicable).
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2 (including the Universe Per Order Fee, if applicable).
“Universe Account Information” means the Personal Information you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid Tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Total Sale Price as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then-current rate.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe reasonably suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe reasonably suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to administration or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could reasonably be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;~recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the Transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms and Conditions. If Universe determines that you have violated these Terms and Conditions or any local or national law, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms and Conditions. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional, national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, to the maximum extent permitted by law, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by applicable law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeable, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by applicable law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Service who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 The above does not restrict your statutory rights (including under Australian Consumer Law or NZ Consumer Law, as applicable), your right to make a complaint to the appropriate local or national regulatory authority, or your right to pursue court or tribunal proceedings or other forms of settlement with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the state and/or country where the Event for which you are purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Contact Us
If you have any questions, comments or complaints regarding these Terms and Conditions or the Website, please contact Customer Service.
Please ensure you read the Terms and Conditions below in full, it covers important terms and conditions that apply to your listing, tickets and any additional package or item that you purchase. In particular, we draw the following provisions to your attention:
a. Universe provides an online platform to facilitate the sale and purchase of Tickets and Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
b. Subject to the Host’s refund policy as specified in a Listing, Buyers will only be entitled to a refund in limited circumstances as set out in these Terms and Conditions, unless required by applicable law. See Cancelled, Rescheduled and Postponed Events (paragraph 10), Enforcement Action Against Hosts (paragraph 13), Cancellation and Refunds (paragraph 15) and Enforcement Action Against Buyers (paragraph 16). Where refunds are payable, it will be the Host and not Universe that will be responsible for refunds (unless caused by Universe and required by law).
c. Universe limits its liability for loss suffered by you at an event or as a result the cancellation or rescheduling an event, or the actions of another User. See Universe and User Content (paragraph 4.4), Compliance (paragraph 5.7), Refunds (paragraph 8.3), Chargebacks (paragraph 9.1), Donations (paragraph 14.11) Disputes (paragraph 15.3) and Liability (paragraph 24).
d. Universe may remove your listing or cancel your order if you do not comply with, and otherwise as set out in, these Terms and Conditions. See Event Cancellation, Rescheduling or Alteration (paragraph 5.10), Enforcement Action Against Hosts (paragraph 13), Approval Settings (paragraph 14.5) Enforcement Action Against Buyers (paragraph 16), Termination by Universe (paragraph 20.2).
e. Universe may withhold an amount of sale proceeds from a Host where it is reasonably satisfied that there is an increased risk of chargebacks or refund requests. See Withholding Payment (paragraph 7.6) and Chargebacks (paragraph 9).
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Australia Ticketmaster Australasia Pty Ltd ABN 49 089 258 837
New Zealand Ticketmaster NZ Limited NZBN 9429035032885
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
Universe does not own any Tickets or set the Sale Price;
(c) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(d) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems (acting reasonably) inappropriate from the Universe website (“Website”);
(e) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk; and
Universe is not an event organiser or promoter.
Therefore, to the maximum extent permitted by law, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case. It is the Host (and not Universe) that is responsible for any refunds (unless required by law).
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be communicated via the Contact Host or Contact Support (as applicable) button on the relevant Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Conflict between Laws and these Terms and Conditions: Where any applicable law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable in the state or country in which an event takes place will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies. These Terms and Conditions do not affect your rights under the Australian Consumer Law for events in Australia or New Zealand Consumer Law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) (“NZ Consumer Law”) for events in New Zealand.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if reasonably required by us, or as desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 Universe may also offer the option to register a Universe Account by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a business or ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then you must register with us as a ‘Business Seller’. If you are a Business Seller, you may be required to provide potential buyers with a geographical address, telephone number, email address and/or ABN or NZBN (as applicable) before any tickets are purchased, which may be displayed to Buyers at the time of purchase and, where required by applicable law, must be included in invoices and/or receipts issued to Buyers.
3. YOUR ACCOUNT
3.1 Password: You are responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password unless the disclosure is caused by Universe. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website as set out in these Terms and Conditions.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside Australia or New Zealand may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.2 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.3 Universe and User Content: To the maximum extent permitted by law, Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable to the extent permitted by law for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Permissible Listing Purposes: The Universe platform must only be used for the purposes of listing and purchasing Tickets for an Event (and any non-Ticket items that may be directly associated with the purchase of a Ticket for that Event, such as merchandise, add-on experiences, food and beverage at the event or Ticket upgrades) that the Host has the rights to offer Tickets and non-Ticket items for sale for. The Universe platform must not be used for any other purpose.
5.2 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.3 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.4 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) may be required to provide a geographical address and email address to Buyers before they purchase any Ticket. Accordingly, where required, these details must be included in the Listing.
5.5 Service Charge Preference: The Host can elect whether the Service Charge will be
(a) included in the base Sale Price you have nominated (in which case such amount will be collected by Universe prior to settlement of sales proceeds); or
(b) added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer).
The Service Charge, will be included in the Total Sale Price displayed to Buyers on the Listing during the purchase process. If the Host does not specify a preference then the Service Charge then it will be added to the base Sale Price and collected from the Buyer in accordance with paragraph 5.5(b).
5.6 Listing Description: The Host must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) Sale Price of each Ticket (inclusive of all GST and Seller-imposed fees and charges applicable to the Ticket but excluding the Service Charge and the Universe Per Order Fee, which will be added to the Listing automatically);
(g) a seat map of the Event (if applicable);
(h) confirmation that applicable taxes are included in the Transaction Value;
(i) whether the Service Charge will be included in the base Sale Price or added to the nominated base Sale Price;
(j) the Universe Per Order Fee (if applicable);
(k) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(l) the refund policy (in addition to any refund rights under Australian Consumer Law or the NZ Consumer Law, as applicable, or these Terms and Conditions), if any;
(m) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(n) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(o) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(p) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.7 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. To the maximum extent permitted by law, Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.8 Donations: The Host agrees that where it provides the option for a Buyer to make a donation to a cause or charity, it will be solely responsible for complying with all state and federal laws and regulations, and shall obtain and hold all necessary permissions, licences and registrations required to solicit and receive money or any other benefit through the collection of donations as a fundraiser. If a Host collects charity donations, Universe may request, and the Host shall promptly provide all details on its Universe account, including its ABN and Deductible Gift Recipient (DGR) status if the Host is based in Australia or its NZBN and donee organisation approval status if the Host is based in New Zealand, which the Host shall be responsible for ensuring remain current and correct. If the Host is not entitled by law to retain a donation or is obliged by law to return a donation, the Host is solely responsible for returning donated amounts to the relevant Buyers in full and for the payment of any associated penalties.
5.9 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that they create:
relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(a) include accurate and transparent Ticket prices and information relating to all additional charges and GST which will be incurred by Buyers;
(b) if booked, will be honoured, unless otherwise agreed with the Buyer;
(c) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(d) do not infringe any third-party rights (including intellectual property rights);
(e) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not, to the best of Host’s knowledge after Host has made reasonable inquiries, comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable local, national or international law or regulation, and the Host warrants that the Host holds all necessary permissions, licences and registrations to conduct the Event;
(l) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collection of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(m) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collecti~(l) on of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(n) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(o) cannot reasonably be construed (in Universe’s opinion acting reasonably) to be associated with any terrorist organisations; and
(p) do not contain political campaigning, commercial solicitation, chain letters or mass mailings and otherwise comply with the Data Protection Legislation, and the Spam Act 2003 (Cth) in Australia or the Unsolicited Electronic Messages Act 2007 in New Zealand.
5.10 Applicable Taxes: The Host is responsible for ensuring that the Sale Price includes all taxes required on Listings, including the applicable Goods and Services Tax (GST). It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Tickets. You may also be required to provide a valid GST invoice in respect of the order when requested to do so by a buyer. If in doubt about any of your tax obligations, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. GST-registered Hosts should contact support@universe.com.
5.11 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.12 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or materially altered , this shall be the Host’s sole responsibility and the Host must communicate details of the cancellation, re-schedule or alteration (and any entitlement for Buyers to obtain a remedy under these Terms and Conditions or under applicable laws, including the Australian Consumer Law or NZ Consumer Law, as applicable) as soon as reasonably practicable to Buyers in a clear manner. The Listing must be updated or removed by the Host (as the case may be) and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.13 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Method options when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement other than as provided in these Terms and Conditions or where the dispute relates to a service provided by Universe to the Buyer.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable laws (including the Australian Consumer Law or NZ Consumer Law, as applicable) these Terms and Conditions or the refund policy for the Event, the Sale Price proceeds (less any Service Charges due to Universe) due to the Host from the Transactions will be made available approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing accurate bank account and payment information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall make funds available to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount. Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion (acting reasonably). Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion (acting reasonably), believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Refunds: If a Buyer is entitled to a refund in accordance with these Terms and Conditions or applicable law, or the Host otherwise grants a Buyer a refund, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to facilitate the payment of the refund to the Buyer. Universe will not pay any refund unless and until the Host has provided sufficient funds in the Host’s Universe account. The Host will be charged the Service Charge, which shall be retained by Universe. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Host.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website (for Australia or New Zealand, as applicable), Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments. Your use of Stripe Payments will be subject to any terms and conditions you agree with Stripe.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price (less the Service Charges if payable by the Host) will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer is entitled to a refund in accordance with these Terms and Conditions, the Host’s refund policy or applicable law, Universe shall have no liability to Buyers (unless otherwise required by law), and refunds of the Sale Price shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other Transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all Service Charges and related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold a reasonable amount of Host’s proceeds for up to six months if, in Universe’s reasonable opinion, there is a likelihood of chargebacks in respect of the Host’s Listing. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion or where permitted under the Host’s refund policy or required by applicable law.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Total Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event (such notice to be provided by the Host to the Buyer as soon as reasonably practicable), and the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee.
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), refunds will only be provided where required by law or at the discretion of the Host, provided that the Buyer requests the refund from the Host within a reasonable period following notice of the material alteration. The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. For the avoidance of doubt, the following will not generally be material alterations the use of understudies in theatre performances; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and reasonable delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data independently for its own purposes. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host processes the Host Copy Data from the point at which it is passed or made available to the Host independently for its own purposes.
11.3 Universe and the Host are individually and separately responsible for complying with its obligations as applicable under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from a Personal Information Breach.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools on behalf of the Host, paragraphs 11.5 to 11.8 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Information: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the Data Protection Legislation;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against a Personal Information Breach;
(d) inform the Host if it becomes aware of a Personal Information Breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the Data Protection Legislation, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe on behalf of the Host;
(f) at the request of the Host, provide evidence of its compliance with paragraphs 11.5 to 11.8 inclusive and permit the Host to carry out a documentary audit of such compliance no more than once annually;
(g) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the country of origin unless it has a lawful basis for the transfer; and
(h) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Information under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Information (including instructions in connection with requests from individuals exercising their rights under Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorised person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorised users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice as required under relevant laws including the Data Protection Legislation; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(a) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(b) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(c) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without, to the maximum extent permitted by law, any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Removal of Listings: Universe reserves the right to suspend or remove any Listings and/or suspend or cancel a Transaction and/or a Host’s Account in any of the following circumstances, if:
(a) Universe reasonably suspects that the Host is unable to pay its debts or Universe is otherwise entitled to terminate your account in accordance with paragraph 20.1;
(b) Universe reasonably suspects that the Host is unable to put on the event or otherwise meet its obligations to Buyers under these Terms and Conditions;
(c) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Listings or Transactions;
(d) Universe reasonably suspects any unauthorised use of a Host’s Account and/or of the Universe Services;
(e) a Listing does not comply with applicable legislation; and/or
(f) a breach of these Terms and Conditions occurs.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise outside of Universe’s reasonable control and Hosts will only do so in their sole discretion (acting reasonably) or as otherwise required under law (including but not limited to the Australian Consumer Law and NZ Consumer Law, as applicable).
14.4 Payment Information: The Buyer warrants and represents that they are authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that the applicable third-party payment processor, may debit the Transaction Value from the method of payment provided by the Buyer.
14.8 Ticket Resale: There are laws in place in some locations that prohibit resale of tickets to certain events or limit the prices at which they may be resold (Price Cap) and penalties may apply for non-compliance. Buyers are responsible for complying with any such laws. Unless a Host expressly provides otherwise, Tickets may not be resold or offered at a premium (above the Total Ticket Sale Price or statutory Price Cap, where applicable) or used for advertising, promotion or other commercial purposes. Universe cannot guarantee the authenticity of tickets purchased from any unauthorised third-party resellers or resale sites.
14.9 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.10 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.11 Donations: Hosts may offer Buyers the option to donate to a specified cause or charity. Where the Host offers a Buyer the option to donate, the Host is responsible for providing accurate and complete information about the relevant cause or charity, and for ensuring it holds all registrations and/or authorisations required by applicable law to collect donations where applicable. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings. Donations are subject to the same fees and charges as Tickets.
14.12 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above, and as specified as the Host’s refund policy at the time of purchase.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions or applicable law, the Buyer must contact the Host using the contact details in the Listing. If a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds of the Sale Price on the condition that the Host has provided the funds to enable it to do so. The Universe Per Order Fee is refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its discretion (acting reasonably). Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe, acting reasonably, reserves the right to cancel or reverse a Buyer’s Transaction in any of the following circumstances if:
(a) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe reasonably suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, and ensuring compliance with all applicable laws and regulations, related to the display, description, fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY:
18.1 Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
"Data Protection Legislation" means (i) the Australian Privacy Act 1988 (Cth); (ii) the New Zealand Privacy Act 2020; and (ii) any and all data protection laws and regulations applicable in Australia and/or New Zealand including those made under or pursuant to (i), in each case as may be amended or superseded from time to time.
"Event" means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
"Feedback" means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
"Force Majeure" means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g. reporting, email management or data analytics.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
"Personal Information" has the meaning given to it in the Data Protection Legislation.
"Personal Information Breach" means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in AUD, NZD or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host (excluding the Service Charge and Universe Per Order Fee).
“Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be included in the base Sale Price (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer). The Service Charge is inclusive of GST at the then-current rate.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, which may include, but is not limited to, Facebook, Twitter and Google.
“Threshold Amount” means A$10 or NZ$10 (as applicable).
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Total Sale Price” means the total per Ticket price displayed to the Buyer, which comprises the Sale Price plus the Service Charge (but does not include the Universe Per Order fee, if applicable).
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2 (including the Universe Per Order Fee, if applicable).
“Universe Account Information” means the Personal Information you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid Tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Total Sale Price as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then-current rate.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe reasonably suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe reasonably suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to administration or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could reasonably be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;~recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the Transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms and Conditions. If Universe determines that you have violated these Terms and Conditions or any local or national law, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms and Conditions. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional, national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, to the maximum extent permitted by law, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by applicable law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeable, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by applicable law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Service who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 The above does not restrict your statutory rights (including under Australian Consumer Law or NZ Consumer Law, as applicable), your right to make a complaint to the appropriate local or national regulatory authority, or your right to pursue court or tribunal proceedings or other forms of settlement with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the state and/or country where the Event for which you are purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Contact Us
If you have any questions, comments or complaints regarding these Terms and Conditions or the Website, please contact Customer Service.
Please ensure you read the Terms and Conditions below in full, it covers important terms and conditions that apply to your listing, tickets and any additional package or item that you purchase. In particular, we draw the following provisions to your attention:
a. Universe provides an online platform to facilitate the sale and purchase of Tickets and Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
b. Subject to the Host’s refund policy as specified in a Listing, Buyers will only be entitled to a refund in limited circumstances as set out in these Terms and Conditions, unless required by applicable law. See Cancelled, Rescheduled and Postponed Events (paragraph 10), Enforcement Action Against Hosts (paragraph 13), Cancellation and Refunds (paragraph 15) and Enforcement Action Against Buyers (paragraph 16). Where refunds are payable, it will be the Host and not Universe that will be responsible for refunds (unless caused by Universe and required by law).
c. Universe limits its liability for loss suffered by you at an event or as a result the cancellation or rescheduling an event, or the actions of another User. See Universe and User Content (paragraph 4.4), Compliance (paragraph 5.7), Refunds (paragraph 8.3), Chargebacks (paragraph 9.1), Donations (paragraph 14.11) Disputes (paragraph 15.3) and Liability (paragraph 24).
d. Universe may remove your listing or cancel your order if you do not comply with, and otherwise as set out in, these Terms and Conditions. See Event Cancellation, Rescheduling or Alteration (paragraph 5.10), Enforcement Action Against Hosts (paragraph 13), Approval Settings (paragraph 14.5) Enforcement Action Against Buyers (paragraph 16), Termination by Universe (paragraph 20.2).
e. Universe may withhold an amount of sale proceeds from a Host where it is reasonably satisfied that there is an increased risk of chargebacks or refund requests. See Withholding Payment (paragraph 7.6) and Chargebacks (paragraph 9).
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Australia Ticketmaster Australasia Pty Ltd ABN 49 089 258 837
New Zealand Ticketmaster NZ Limited NZBN 9429035032885
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
Universe does not own any Tickets or set the Sale Price;
(c) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(d) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems (acting reasonably) inappropriate from the Universe website (“Website”);
(e) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk; and
Universe is not an event organiser or promoter.
Therefore, to the maximum extent permitted by law, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case. It is the Host (and not Universe) that is responsible for any refunds (unless required by law).
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be communicated via the Contact Host or Contact Support (as applicable) button on the relevant Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Conflict between Laws and these Terms and Conditions: Where any applicable law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable in the state or country in which an event takes place will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies. These Terms and Conditions do not affect your rights under the Australian Consumer Law for events in Australia or New Zealand Consumer Law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) (“NZ Consumer Law”) for events in New Zealand.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if reasonably required by us, or as desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 Universe may also offer the option to register a Universe Account by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a business or ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then you must register with us as a ‘Business Seller’. If you are a Business Seller, you may be required to provide potential buyers with a geographical address, telephone number, email address and/or ABN or NZBN (as applicable) before any tickets are purchased, which may be displayed to Buyers at the time of purchase and, where required by applicable law, must be included in invoices and/or receipts issued to Buyers.
3. YOUR ACCOUNT
3.1 Password: You are responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password unless the disclosure is caused by Universe. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website as set out in these Terms and Conditions.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside Australia or New Zealand may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.2 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.3 Universe and User Content: To the maximum extent permitted by law, Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable to the extent permitted by law for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Permissible Listing Purposes: The Universe platform must only be used for the purposes of listing and purchasing Tickets for an Event (and any non-Ticket items that may be directly associated with the purchase of a Ticket for that Event, such as merchandise, add-on experiences, food and beverage at the event or Ticket upgrades) that the Host has the rights to offer Tickets and non-Ticket items for sale for. The Universe platform must not be used for any other purpose.
5.2 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.3 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.4 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) may be required to provide a geographical address and email address to Buyers before they purchase any Ticket. Accordingly, where required, these details must be included in the Listing.
5.5 Service Charge Preference: The Host can elect whether the Service Charge will be
(a) included in the base Sale Price you have nominated (in which case such amount will be collected by Universe prior to settlement of sales proceeds); or
(b) added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer).
The Service Charge, will be included in the Total Sale Price displayed to Buyers on the Listing during the purchase process. If the Host does not specify a preference then the Service Charge then it will be added to the base Sale Price and collected from the Buyer in accordance with paragraph 5.5(b).
5.6 Listing Description: The Host must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) Sale Price of each Ticket (inclusive of all GST and Seller-imposed fees and charges applicable to the Ticket but excluding the Service Charge and the Universe Per Order Fee, which will be added to the Listing automatically);
(g) a seat map of the Event (if applicable);
(h) confirmation that applicable taxes are included in the Transaction Value;
(i) whether the Service Charge will be included in the base Sale Price or added to the nominated base Sale Price;
(j) the Universe Per Order Fee (if applicable);
(k) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(l) the refund policy (in addition to any refund rights under Australian Consumer Law or the NZ Consumer Law, as applicable, or these Terms and Conditions), if any;
(m) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(n) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(o) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(p) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.7 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. To the maximum extent permitted by law, Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.8 Donations: The Host agrees that where it provides the option for a Buyer to make a donation to a cause or charity, it will be solely responsible for complying with all state and federal laws and regulations, and shall obtain and hold all necessary permissions, licences and registrations required to solicit and receive money or any other benefit through the collection of donations as a fundraiser. If a Host collects charity donations, Universe may request, and the Host shall promptly provide all details on its Universe account, including its ABN and Deductible Gift Recipient (DGR) status if the Host is based in Australia or its NZBN and donee organisation approval status if the Host is based in New Zealand, which the Host shall be responsible for ensuring remain current and correct. If the Host is not entitled by law to retain a donation or is obliged by law to return a donation, the Host is solely responsible for returning donated amounts to the relevant Buyers in full and for the payment of any associated penalties.
5.9 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that they create:
relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(a) include accurate and transparent Ticket prices and information relating to all additional charges and GST which will be incurred by Buyers;
(b) if booked, will be honoured, unless otherwise agreed with the Buyer;
(c) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(d) do not infringe any third-party rights (including intellectual property rights);
(e) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not, to the best of Host’s knowledge after Host has made reasonable inquiries, comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable local, national or international law or regulation, and the Host warrants that the Host holds all necessary permissions, licences and registrations to conduct the Event;
(l) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collection of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(m) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collecti~(l) on of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(n) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(o) cannot reasonably be construed (in Universe’s opinion acting reasonably) to be associated with any terrorist organisations; and
(p) do not contain political campaigning, commercial solicitation, chain letters or mass mailings and otherwise comply with the Data Protection Legislation, and the Spam Act 2003 (Cth) in Australia or the Unsolicited Electronic Messages Act 2007 in New Zealand.
5.10 Applicable Taxes: The Host is responsible for ensuring that the Sale Price includes all taxes required on Listings, including the applicable Goods and Services Tax (GST). It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Tickets. You may also be required to provide a valid GST invoice in respect of the order when requested to do so by a buyer. If in doubt about any of your tax obligations, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. GST-registered Hosts should contact support@universe.com.
5.11 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.12 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or materially altered , this shall be the Host’s sole responsibility and the Host must communicate details of the cancellation, re-schedule or alteration (and any entitlement for Buyers to obtain a remedy under these Terms and Conditions or under applicable laws, including the Australian Consumer Law or NZ Consumer Law, as applicable) as soon as reasonably practicable to Buyers in a clear manner. The Listing must be updated or removed by the Host (as the case may be) and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.13 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Method options when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement other than as provided in these Terms and Conditions or where the dispute relates to a service provided by Universe to the Buyer.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable laws (including the Australian Consumer Law or NZ Consumer Law, as applicable) these Terms and Conditions or the refund policy for the Event, the Sale Price proceeds (less any Service Charges due to Universe) due to the Host from the Transactions will be made available approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing accurate bank account and payment information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall make funds available to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount. Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion (acting reasonably). Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion (acting reasonably), believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Refunds: If a Buyer is entitled to a refund in accordance with these Terms and Conditions or applicable law, or the Host otherwise grants a Buyer a refund, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to facilitate the payment of the refund to the Buyer. Universe will not pay any refund unless and until the Host has provided sufficient funds in the Host’s Universe account. The Host will be charged the Service Charge, which shall be retained by Universe. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Host.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website (for Australia or New Zealand, as applicable), Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments. Your use of Stripe Payments will be subject to any terms and conditions you agree with Stripe.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price (less the Service Charges if payable by the Host) will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer is entitled to a refund in accordance with these Terms and Conditions, the Host’s refund policy or applicable law, Universe shall have no liability to Buyers (unless otherwise required by law), and refunds of the Sale Price shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other Transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all Service Charges and related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold a reasonable amount of Host’s proceeds for up to six months if, in Universe’s reasonable opinion, there is a likelihood of chargebacks in respect of the Host’s Listing. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion or where permitted under the Host’s refund policy or required by applicable law.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Total Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event (such notice to be provided by the Host to the Buyer as soon as reasonably practicable), and the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee.
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), refunds will only be provided where required by law or at the discretion of the Host, provided that the Buyer requests the refund from the Host within a reasonable period following notice of the material alteration. The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. For the avoidance of doubt, the following will not generally be material alterations the use of understudies in theatre performances; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and reasonable delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data independently for its own purposes. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host processes the Host Copy Data from the point at which it is passed or made available to the Host independently for its own purposes.
11.3 Universe and the Host are individually and separately responsible for complying with its obligations as applicable under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from a Personal Information Breach.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools on behalf of the Host, paragraphs 11.5 to 11.8 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Information: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the Data Protection Legislation;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against a Personal Information Breach;
(d) inform the Host if it becomes aware of a Personal Information Breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the Data Protection Legislation, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe on behalf of the Host;
(f) at the request of the Host, provide evidence of its compliance with paragraphs 11.5 to 11.8 inclusive and permit the Host to carry out a documentary audit of such compliance no more than once annually;
(g) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the country of origin unless it has a lawful basis for the transfer; and
(h) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Information under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Information (including instructions in connection with requests from individuals exercising their rights under Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorised person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorised users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice as required under relevant laws including the Data Protection Legislation; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(a) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(b) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(c) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without, to the maximum extent permitted by law, any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Removal of Listings: Universe reserves the right to suspend or remove any Listings and/or suspend or cancel a Transaction and/or a Host’s Account in any of the following circumstances, if:
(a) Universe reasonably suspects that the Host is unable to pay its debts or Universe is otherwise entitled to terminate your account in accordance with paragraph 20.1;
(b) Universe reasonably suspects that the Host is unable to put on the event or otherwise meet its obligations to Buyers under these Terms and Conditions;
(c) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Listings or Transactions;
(d) Universe reasonably suspects any unauthorised use of a Host’s Account and/or of the Universe Services;
(e) a Listing does not comply with applicable legislation; and/or
(f) a breach of these Terms and Conditions occurs.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise outside of Universe’s reasonable control and Hosts will only do so in their sole discretion (acting reasonably) or as otherwise required under law (including but not limited to the Australian Consumer Law and NZ Consumer Law, as applicable).
14.4 Payment Information: The Buyer warrants and represents that they are authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that the applicable third-party payment processor, may debit the Transaction Value from the method of payment provided by the Buyer.
14.8 Ticket Resale: There are laws in place in some locations that prohibit resale of tickets to certain events or limit the prices at which they may be resold (Price Cap) and penalties may apply for non-compliance. Buyers are responsible for complying with any such laws. Unless a Host expressly provides otherwise, Tickets may not be resold or offered at a premium (above the Total Ticket Sale Price or statutory Price Cap, where applicable) or used for advertising, promotion or other commercial purposes. Universe cannot guarantee the authenticity of tickets purchased from any unauthorised third-party resellers or resale sites.
14.9 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.10 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.11 Donations: Hosts may offer Buyers the option to donate to a specified cause or charity. Where the Host offers a Buyer the option to donate, the Host is responsible for providing accurate and complete information about the relevant cause or charity, and for ensuring it holds all registrations and/or authorisations required by applicable law to collect donations where applicable. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings. Donations are subject to the same fees and charges as Tickets.
14.12 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above, and as specified as the Host’s refund policy at the time of purchase.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions or applicable law, the Buyer must contact the Host using the contact details in the Listing. If a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds of the Sale Price on the condition that the Host has provided the funds to enable it to do so. The Universe Per Order Fee is refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its discretion (acting reasonably). Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe, acting reasonably, reserves the right to cancel or reverse a Buyer’s Transaction in any of the following circumstances if:
(a) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe reasonably suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, and ensuring compliance with all applicable laws and regulations, related to the display, description, fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY:
18.1 Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
"Data Protection Legislation" means (i) the Australian Privacy Act 1988 (Cth); (ii) the New Zealand Privacy Act 2020; and (ii) any and all data protection laws and regulations applicable in Australia and/or New Zealand including those made under or pursuant to (i), in each case as may be amended or superseded from time to time.
"Event" means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
"Feedback" means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
"Force Majeure" means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g. reporting, email management or data analytics.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
"Personal Information" has the meaning given to it in the Data Protection Legislation.
"Personal Information Breach" means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in AUD, NZD or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host (excluding the Service Charge and Universe Per Order Fee).
“Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be included in the base Sale Price (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer). The Service Charge is inclusive of GST at the then-current rate.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, which may include, but is not limited to, Facebook, Twitter and Google.
“Threshold Amount” means A$10 or NZ$10 (as applicable).
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Total Sale Price” means the total per Ticket price displayed to the Buyer, which comprises the Sale Price plus the Service Charge (but does not include the Universe Per Order fee, if applicable).
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2 (including the Universe Per Order Fee, if applicable).
“Universe Account Information” means the Personal Information you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid Tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Total Sale Price as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then-current rate.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe reasonably suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe reasonably suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to administration or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could reasonably be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;~recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the Transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms and Conditions. If Universe determines that you have violated these Terms and Conditions or any local or national law, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms and Conditions. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional, national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, to the maximum extent permitted by law, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by applicable law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeable, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by applicable law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Service who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 The above does not restrict your statutory rights (including under Australian Consumer Law or NZ Consumer Law, as applicable), your right to make a complaint to the appropriate local or national regulatory authority, or your right to pursue court or tribunal proceedings or other forms of settlement with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the state and/or country where the Event for which you are purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Contact Us
If you have any questions, comments or complaints regarding these Terms and Conditions or the Website, please contact Customer Service.
Please ensure you read the Terms and Conditions below in full, it covers important terms and conditions that apply to your listing, tickets and any additional package or item that you purchase. In particular, we draw the following provisions to your attention:
a. Universe provides an online platform to facilitate the sale and purchase of Tickets and Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
b. Subject to the Host’s refund policy as specified in a Listing, Buyers will only be entitled to a refund in limited circumstances as set out in these Terms and Conditions, unless required by applicable law. See Cancelled, Rescheduled and Postponed Events (paragraph 10), Enforcement Action Against Hosts (paragraph 13), Cancellation and Refunds (paragraph 15) and Enforcement Action Against Buyers (paragraph 16). Where refunds are payable, it will be the Host and not Universe that will be responsible for refunds (unless caused by Universe and required by law).
c. Universe limits its liability for loss suffered by you at an event or as a result the cancellation or rescheduling an event, or the actions of another User. See Universe and User Content (paragraph 4.4), Compliance (paragraph 5.7), Refunds (paragraph 8.3), Chargebacks (paragraph 9.1), Donations (paragraph 14.11) Disputes (paragraph 15.3) and Liability (paragraph 24).
d. Universe may remove your listing or cancel your order if you do not comply with, and otherwise as set out in, these Terms and Conditions. See Event Cancellation, Rescheduling or Alteration (paragraph 5.10), Enforcement Action Against Hosts (paragraph 13), Approval Settings (paragraph 14.5) Enforcement Action Against Buyers (paragraph 16), Termination by Universe (paragraph 20.2).
e. Universe may withhold an amount of sale proceeds from a Host where it is reasonably satisfied that there is an increased risk of chargebacks or refund requests. See Withholding Payment (paragraph 7.6) and Chargebacks (paragraph 9).
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Australia Ticketmaster Australasia Pty Ltd ABN 49 089 258 837
New Zealand Ticketmaster NZ Limited NZBN 9429035032885
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
Universe does not own any Tickets or set the Sale Price;
(c) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(d) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems (acting reasonably) inappropriate from the Universe website (“Website”);
(e) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk; and
Universe is not an event organiser or promoter.
Therefore, to the maximum extent permitted by law, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case. It is the Host (and not Universe) that is responsible for any refunds (unless required by law).
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be communicated via the Contact Host or Contact Support (as applicable) button on the relevant Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Conflict between Laws and these Terms and Conditions: Where any applicable law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable in the state or country in which an event takes place will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies. These Terms and Conditions do not affect your rights under the Australian Consumer Law for events in Australia or New Zealand Consumer Law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) (“NZ Consumer Law”) for events in New Zealand.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if reasonably required by us, or as desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 Universe may also offer the option to register a Universe Account by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a business or ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then you must register with us as a ‘Business Seller’. If you are a Business Seller, you may be required to provide potential buyers with a geographical address, telephone number, email address and/or ABN or NZBN (as applicable) before any tickets are purchased, which may be displayed to Buyers at the time of purchase and, where required by applicable law, must be included in invoices and/or receipts issued to Buyers.
3. YOUR ACCOUNT
3.1 Password: You are responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password unless the disclosure is caused by Universe. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website as set out in these Terms and Conditions.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside Australia or New Zealand may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.2 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.3 Universe and User Content: To the maximum extent permitted by law, Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable to the extent permitted by law for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Permissible Listing Purposes: The Universe platform must only be used for the purposes of listing and purchasing Tickets for an Event (and any non-Ticket items that may be directly associated with the purchase of a Ticket for that Event, such as merchandise, add-on experiences, food and beverage at the event or Ticket upgrades) that the Host has the rights to offer Tickets and non-Ticket items for sale for. The Universe platform must not be used for any other purpose.
5.2 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.3 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.4 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) may be required to provide a geographical address and email address to Buyers before they purchase any Ticket. Accordingly, where required, these details must be included in the Listing.
5.5 Service Charge Preference: The Host can elect whether the Service Charge will be
(a) included in the base Sale Price you have nominated (in which case such amount will be collected by Universe prior to settlement of sales proceeds); or
(b) added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer).
The Service Charge, will be included in the Total Sale Price displayed to Buyers on the Listing during the purchase process. If the Host does not specify a preference then the Service Charge then it will be added to the base Sale Price and collected from the Buyer in accordance with paragraph 5.5(b).
5.6 Listing Description: The Host must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) Sale Price of each Ticket (inclusive of all GST and Seller-imposed fees and charges applicable to the Ticket but excluding the Service Charge and the Universe Per Order Fee, which will be added to the Listing automatically);
(g) a seat map of the Event (if applicable);
(h) confirmation that applicable taxes are included in the Transaction Value;
(i) whether the Service Charge will be included in the base Sale Price or added to the nominated base Sale Price;
(j) the Universe Per Order Fee (if applicable);
(k) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(l) the refund policy (in addition to any refund rights under Australian Consumer Law or the NZ Consumer Law, as applicable, or these Terms and Conditions), if any;
(m) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(n) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(o) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(p) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.7 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. To the maximum extent permitted by law, Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.8 Donations: The Host agrees that where it provides the option for a Buyer to make a donation to a cause or charity, it will be solely responsible for complying with all state and federal laws and regulations, and shall obtain and hold all necessary permissions, licences and registrations required to solicit and receive money or any other benefit through the collection of donations as a fundraiser. If a Host collects charity donations, Universe may request, and the Host shall promptly provide all details on its Universe account, including its ABN and Deductible Gift Recipient (DGR) status if the Host is based in Australia or its NZBN and donee organisation approval status if the Host is based in New Zealand, which the Host shall be responsible for ensuring remain current and correct. If the Host is not entitled by law to retain a donation or is obliged by law to return a donation, the Host is solely responsible for returning donated amounts to the relevant Buyers in full and for the payment of any associated penalties.
5.9 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that they create:
relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(a) include accurate and transparent Ticket prices and information relating to all additional charges and GST which will be incurred by Buyers;
(b) if booked, will be honoured, unless otherwise agreed with the Buyer;
(c) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(d) do not infringe any third-party rights (including intellectual property rights);
(e) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not, to the best of Host’s knowledge after Host has made reasonable inquiries, comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable local, national or international law or regulation, and the Host warrants that the Host holds all necessary permissions, licences and registrations to conduct the Event;
(l) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collection of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(m) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collecti~(l) on of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(n) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(o) cannot reasonably be construed (in Universe’s opinion acting reasonably) to be associated with any terrorist organisations; and
(p) do not contain political campaigning, commercial solicitation, chain letters or mass mailings and otherwise comply with the Data Protection Legislation, and the Spam Act 2003 (Cth) in Australia or the Unsolicited Electronic Messages Act 2007 in New Zealand.
5.10 Applicable Taxes: The Host is responsible for ensuring that the Sale Price includes all taxes required on Listings, including the applicable Goods and Services Tax (GST). It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Tickets. You may also be required to provide a valid GST invoice in respect of the order when requested to do so by a buyer. If in doubt about any of your tax obligations, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. GST-registered Hosts should contact support@universe.com.
5.11 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.12 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or materially altered , this shall be the Host’s sole responsibility and the Host must communicate details of the cancellation, re-schedule or alteration (and any entitlement for Buyers to obtain a remedy under these Terms and Conditions or under applicable laws, including the Australian Consumer Law or NZ Consumer Law, as applicable) as soon as reasonably practicable to Buyers in a clear manner. The Listing must be updated or removed by the Host (as the case may be) and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.13 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Method options when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement other than as provided in these Terms and Conditions or where the dispute relates to a service provided by Universe to the Buyer.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable laws (including the Australian Consumer Law or NZ Consumer Law, as applicable) these Terms and Conditions or the refund policy for the Event, the Sale Price proceeds (less any Service Charges due to Universe) due to the Host from the Transactions will be made available approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing accurate bank account and payment information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall make funds available to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount. Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion (acting reasonably). Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion (acting reasonably), believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Refunds: If a Buyer is entitled to a refund in accordance with these Terms and Conditions or applicable law, or the Host otherwise grants a Buyer a refund, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to facilitate the payment of the refund to the Buyer. Universe will not pay any refund unless and until the Host has provided sufficient funds in the Host’s Universe account. The Host will be charged the Service Charge, which shall be retained by Universe. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Host.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website (for Australia or New Zealand, as applicable), Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments. Your use of Stripe Payments will be subject to any terms and conditions you agree with Stripe.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price (less the Service Charges if payable by the Host) will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer is entitled to a refund in accordance with these Terms and Conditions, the Host’s refund policy or applicable law, Universe shall have no liability to Buyers (unless otherwise required by law), and refunds of the Sale Price shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other Transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all Service Charges and related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold a reasonable amount of Host’s proceeds for up to six months if, in Universe’s reasonable opinion, there is a likelihood of chargebacks in respect of the Host’s Listing. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion or where permitted under the Host’s refund policy or required by applicable law.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Total Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event (such notice to be provided by the Host to the Buyer as soon as reasonably practicable), and the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee.
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), refunds will only be provided where required by law or at the discretion of the Host, provided that the Buyer requests the refund from the Host within a reasonable period following notice of the material alteration. The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. For the avoidance of doubt, the following will not generally be material alterations the use of understudies in theatre performances; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and reasonable delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data independently for its own purposes. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host processes the Host Copy Data from the point at which it is passed or made available to the Host independently for its own purposes.
11.3 Universe and the Host are individually and separately responsible for complying with its obligations as applicable under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from a Personal Information Breach.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools on behalf of the Host, paragraphs 11.5 to 11.8 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Information: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the Data Protection Legislation;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against a Personal Information Breach;
(d) inform the Host if it becomes aware of a Personal Information Breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the Data Protection Legislation, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe on behalf of the Host;
(f) at the request of the Host, provide evidence of its compliance with paragraphs 11.5 to 11.8 inclusive and permit the Host to carry out a documentary audit of such compliance no more than once annually;
(g) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the country of origin unless it has a lawful basis for the transfer; and
(h) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Information under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Information (including instructions in connection with requests from individuals exercising their rights under Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorised person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorised users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice as required under relevant laws including the Data Protection Legislation; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(a) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(b) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(c) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without, to the maximum extent permitted by law, any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Removal of Listings: Universe reserves the right to suspend or remove any Listings and/or suspend or cancel a Transaction and/or a Host’s Account in any of the following circumstances, if:
(a) Universe reasonably suspects that the Host is unable to pay its debts or Universe is otherwise entitled to terminate your account in accordance with paragraph 20.1;
(b) Universe reasonably suspects that the Host is unable to put on the event or otherwise meet its obligations to Buyers under these Terms and Conditions;
(c) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Listings or Transactions;
(d) Universe reasonably suspects any unauthorised use of a Host’s Account and/or of the Universe Services;
(e) a Listing does not comply with applicable legislation; and/or
(f) a breach of these Terms and Conditions occurs.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise outside of Universe’s reasonable control and Hosts will only do so in their sole discretion (acting reasonably) or as otherwise required under law (including but not limited to the Australian Consumer Law and NZ Consumer Law, as applicable).
14.4 Payment Information: The Buyer warrants and represents that they are authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that the applicable third-party payment processor, may debit the Transaction Value from the method of payment provided by the Buyer.
14.8 Ticket Resale: There are laws in place in some locations that prohibit resale of tickets to certain events or limit the prices at which they may be resold (Price Cap) and penalties may apply for non-compliance. Buyers are responsible for complying with any such laws. Unless a Host expressly provides otherwise, Tickets may not be resold or offered at a premium (above the Total Ticket Sale Price or statutory Price Cap, where applicable) or used for advertising, promotion or other commercial purposes. Universe cannot guarantee the authenticity of tickets purchased from any unauthorised third-party resellers or resale sites.
14.9 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.10 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.11 Donations: Hosts may offer Buyers the option to donate to a specified cause or charity. Where the Host offers a Buyer the option to donate, the Host is responsible for providing accurate and complete information about the relevant cause or charity, and for ensuring it holds all registrations and/or authorisations required by applicable law to collect donations where applicable. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings. Donations are subject to the same fees and charges as Tickets.
14.12 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above, and as specified as the Host’s refund policy at the time of purchase.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions or applicable law, the Buyer must contact the Host using the contact details in the Listing. If a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds of the Sale Price on the condition that the Host has provided the funds to enable it to do so. The Universe Per Order Fee is refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its discretion (acting reasonably). Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe, acting reasonably, reserves the right to cancel or reverse a Buyer’s Transaction in any of the following circumstances if:
(a) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe reasonably suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, and ensuring compliance with all applicable laws and regulations, related to the display, description, fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY:
18.1 Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
"Data Protection Legislation" means (i) the Australian Privacy Act 1988 (Cth); (ii) the New Zealand Privacy Act 2020; and (ii) any and all data protection laws and regulations applicable in Australia and/or New Zealand including those made under or pursuant to (i), in each case as may be amended or superseded from time to time.
"Event" means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
"Feedback" means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
"Force Majeure" means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g. reporting, email management or data analytics.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
"Personal Information" has the meaning given to it in the Data Protection Legislation.
"Personal Information Breach" means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in AUD, NZD or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host (excluding the Service Charge and Universe Per Order Fee).
“Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be included in the base Sale Price (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer). The Service Charge is inclusive of GST at the then-current rate.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, which may include, but is not limited to, Facebook, Twitter and Google.
“Threshold Amount” means A$10 or NZ$10 (as applicable).
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Total Sale Price” means the total per Ticket price displayed to the Buyer, which comprises the Sale Price plus the Service Charge (but does not include the Universe Per Order fee, if applicable).
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2 (including the Universe Per Order Fee, if applicable).
“Universe Account Information” means the Personal Information you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid Tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Total Sale Price as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then-current rate.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe reasonably suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe reasonably suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to administration or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could reasonably be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;~recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the Transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms and Conditions. If Universe determines that you have violated these Terms and Conditions or any local or national law, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms and Conditions. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional, national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, to the maximum extent permitted by law, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by applicable law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeable, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by applicable law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Service who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 The above does not restrict your statutory rights (including under Australian Consumer Law or NZ Consumer Law, as applicable), your right to make a complaint to the appropriate local or national regulatory authority, or your right to pursue court or tribunal proceedings or other forms of settlement with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the state and/or country where the Event for which you are purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Contact Us
If you have any questions, comments or complaints regarding these Terms and Conditions or the Website, please contact Customer Service.
Please ensure you read the Terms and Conditions below in full, it covers important terms and conditions that apply to your listing, tickets and any additional package or item that you purchase. In particular, we draw the following provisions to your attention:
a. Universe provides an online platform to facilitate the sale and purchase of Tickets and Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
b. Subject to the Host’s refund policy as specified in a Listing, Buyers will only be entitled to a refund in limited circumstances as set out in these Terms and Conditions, unless required by applicable law. See Cancelled, Rescheduled and Postponed Events (paragraph 10), Enforcement Action Against Hosts (paragraph 13), Cancellation and Refunds (paragraph 15) and Enforcement Action Against Buyers (paragraph 16). Where refunds are payable, it will be the Host and not Universe that will be responsible for refunds (unless caused by Universe and required by law).
c. Universe limits its liability for loss suffered by you at an event or as a result the cancellation or rescheduling an event, or the actions of another User. See Universe and User Content (paragraph 4.4), Compliance (paragraph 5.7), Refunds (paragraph 8.3), Chargebacks (paragraph 9.1), Donations (paragraph 14.11) Disputes (paragraph 15.3) and Liability (paragraph 24).
d. Universe may remove your listing or cancel your order if you do not comply with, and otherwise as set out in, these Terms and Conditions. See Event Cancellation, Rescheduling or Alteration (paragraph 5.10), Enforcement Action Against Hosts (paragraph 13), Approval Settings (paragraph 14.5) Enforcement Action Against Buyers (paragraph 16), Termination by Universe (paragraph 20.2).
e. Universe may withhold an amount of sale proceeds from a Host where it is reasonably satisfied that there is an increased risk of chargebacks or refund requests. See Withholding Payment (paragraph 7.6) and Chargebacks (paragraph 9).
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Australia Ticketmaster Australasia Pty Ltd ABN 49 089 258 837
New Zealand Ticketmaster NZ Limited NZBN 9429035032885
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
Universe does not own any Tickets or set the Sale Price;
(c) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(d) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems (acting reasonably) inappropriate from the Universe website (“Website”);
(e) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk; and
Universe is not an event organiser or promoter.
Therefore, to the maximum extent permitted by law, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case. It is the Host (and not Universe) that is responsible for any refunds (unless required by law).
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be communicated via the Contact Host or Contact Support (as applicable) button on the relevant Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Conflict between Laws and these Terms and Conditions: Where any applicable law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable in the state or country in which an event takes place will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies. These Terms and Conditions do not affect your rights under the Australian Consumer Law for events in Australia or New Zealand Consumer Law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) (“NZ Consumer Law”) for events in New Zealand.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if reasonably required by us, or as desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 Universe may also offer the option to register a Universe Account by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a business or ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then you must register with us as a ‘Business Seller’. If you are a Business Seller, you may be required to provide potential buyers with a geographical address, telephone number, email address and/or ABN or NZBN (as applicable) before any tickets are purchased, which may be displayed to Buyers at the time of purchase and, where required by applicable law, must be included in invoices and/or receipts issued to Buyers.
3. YOUR ACCOUNT
3.1 Password: You are responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password unless the disclosure is caused by Universe. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website as set out in these Terms and Conditions.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside Australia or New Zealand may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.2 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.3 Universe and User Content: To the maximum extent permitted by law, Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable to the extent permitted by law for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Permissible Listing Purposes: The Universe platform must only be used for the purposes of listing and purchasing Tickets for an Event (and any non-Ticket items that may be directly associated with the purchase of a Ticket for that Event, such as merchandise, add-on experiences, food and beverage at the event or Ticket upgrades) that the Host has the rights to offer Tickets and non-Ticket items for sale for. The Universe platform must not be used for any other purpose.
5.2 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.3 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
5.4 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) may be required to provide a geographical address and email address to Buyers before they purchase any Ticket. Accordingly, where required, these details must be included in the Listing.
5.5 Service Charge Preference: The Host can elect whether the Service Charge will be
(a) included in the base Sale Price you have nominated (in which case such amount will be collected by Universe prior to settlement of sales proceeds); or
(b) added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer).
The Service Charge, will be included in the Total Sale Price displayed to Buyers on the Listing during the purchase process. If the Host does not specify a preference then the Service Charge then it will be added to the base Sale Price and collected from the Buyer in accordance with paragraph 5.5(b).
5.6 Listing Description: The Host must provide all the Event information in the Listing, including:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) Sale Price of each Ticket (inclusive of all GST and Seller-imposed fees and charges applicable to the Ticket but excluding the Service Charge and the Universe Per Order Fee, which will be added to the Listing automatically);
(g) a seat map of the Event (if applicable);
(h) confirmation that applicable taxes are included in the Transaction Value;
(i) whether the Service Charge will be included in the base Sale Price or added to the nominated base Sale Price;
(j) the Universe Per Order Fee (if applicable);
(k) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(l) the refund policy (in addition to any refund rights under Australian Consumer Law or the NZ Consumer Law, as applicable, or these Terms and Conditions), if any;
(m) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(n) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(o) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(p) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.7 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. To the maximum extent permitted by law, Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.8 Donations: The Host agrees that where it provides the option for a Buyer to make a donation to a cause or charity, it will be solely responsible for complying with all state and federal laws and regulations, and shall obtain and hold all necessary permissions, licences and registrations required to solicit and receive money or any other benefit through the collection of donations as a fundraiser. If a Host collects charity donations, Universe may request, and the Host shall promptly provide all details on its Universe account, including its ABN and Deductible Gift Recipient (DGR) status if the Host is based in Australia or its NZBN and donee organisation approval status if the Host is based in New Zealand, which the Host shall be responsible for ensuring remain current and correct. If the Host is not entitled by law to retain a donation or is obliged by law to return a donation, the Host is solely responsible for returning donated amounts to the relevant Buyers in full and for the payment of any associated penalties.
5.9 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that they create:
relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(a) include accurate and transparent Ticket prices and information relating to all additional charges and GST which will be incurred by Buyers;
(b) if booked, will be honoured, unless otherwise agreed with the Buyer;
(c) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(d) do not infringe any third-party rights (including intellectual property rights);
(e) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(f) do not, to the best of Host’s knowledge after Host has made reasonable inquiries, comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(g) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(h) are not defamatory, abusive, threatening or obscene;
(i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
(k) do not breach any applicable local, national or international law or regulation, and the Host warrants that the Host holds all necessary permissions, licences and registrations to conduct the Event;
(l) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collection of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(m) where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collecti~(l) on of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration;
(n) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(o) cannot reasonably be construed (in Universe’s opinion acting reasonably) to be associated with any terrorist organisations; and
(p) do not contain political campaigning, commercial solicitation, chain letters or mass mailings and otherwise comply with the Data Protection Legislation, and the Spam Act 2003 (Cth) in Australia or the Unsolicited Electronic Messages Act 2007 in New Zealand.
5.10 Applicable Taxes: The Host is responsible for ensuring that the Sale Price includes all taxes required on Listings, including the applicable Goods and Services Tax (GST). It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Tickets. You may also be required to provide a valid GST invoice in respect of the order when requested to do so by a buyer. If in doubt about any of your tax obligations, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. GST-registered Hosts should contact support@universe.com.
5.11 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.12 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or materially altered , this shall be the Host’s sole responsibility and the Host must communicate details of the cancellation, re-schedule or alteration (and any entitlement for Buyers to obtain a remedy under these Terms and Conditions or under applicable laws, including the Australian Consumer Law or NZ Consumer Law, as applicable) as soon as reasonably practicable to Buyers in a clear manner. The Listing must be updated or removed by the Host (as the case may be) and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.13 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Method options when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement other than as provided in these Terms and Conditions or where the dispute relates to a service provided by Universe to the Buyer.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable laws (including the Australian Consumer Law or NZ Consumer Law, as applicable) these Terms and Conditions or the refund policy for the Event, the Sale Price proceeds (less any Service Charges due to Universe) due to the Host from the Transactions will be made available approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing accurate bank account and payment information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall make funds available to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount. Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such request.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion (acting reasonably). Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion (acting reasonably), believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Refunds: If a Buyer is entitled to a refund in accordance with these Terms and Conditions or applicable law, or the Host otherwise grants a Buyer a refund, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to facilitate the payment of the refund to the Buyer. Universe will not pay any refund unless and until the Host has provided sufficient funds in the Host’s Universe account. The Host will be charged the Service Charge, which shall be retained by Universe. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Host.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website (for Australia or New Zealand, as applicable), Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments. Your use of Stripe Payments will be subject to any terms and conditions you agree with Stripe.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price (less the Service Charges if payable by the Host) will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer is entitled to a refund in accordance with these Terms and Conditions, the Host’s refund policy or applicable law, Universe shall have no liability to Buyers (unless otherwise required by law), and refunds of the Sale Price shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other Transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all Service Charges and related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold a reasonable amount of Host’s proceeds for up to six months if, in Universe’s reasonable opinion, there is a likelihood of chargebacks in respect of the Host’s Listing. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion or where permitted under the Host’s refund policy or required by applicable law.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Total Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event (such notice to be provided by the Host to the Buyer as soon as reasonably practicable), and the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee.
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), refunds will only be provided where required by law or at the discretion of the Host, provided that the Buyer requests the refund from the Host within a reasonable period following notice of the material alteration. The Universe Per Order Fee is only refundable by Universe where all paid elements in the Transaction (i.e. the Sale Price of all Ticket(s) purchased and the price paid for any add-ons) are refunded by the Host in full. Where any paid element of the transaction is not refunded, Universe will be entitled to retain the Universe Per Order Fee. For the avoidance of doubt, the following will not generally be material alterations the use of understudies in theatre performances; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and reasonable delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities.
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data independently for its own purposes. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host processes the Host Copy Data from the point at which it is passed or made available to the Host independently for its own purposes.
11.3 Universe and the Host are individually and separately responsible for complying with its obligations as applicable under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from a Personal Information Breach.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools on behalf of the Host, paragraphs 11.5 to 11.8 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Information: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the Data Protection Legislation;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against a Personal Information Breach;
(d) inform the Host if it becomes aware of a Personal Information Breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the Data Protection Legislation, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe on behalf of the Host;
(f) at the request of the Host, provide evidence of its compliance with paragraphs 11.5 to 11.8 inclusive and permit the Host to carry out a documentary audit of such compliance no more than once annually;
(g) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the country of origin unless it has a lawful basis for the transfer; and
(h) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Information under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Information (including instructions in connection with requests from individuals exercising their rights under Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorised person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorised users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice as required under relevant laws including the Data Protection Legislation; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(a) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(b) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(c) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without, to the maximum extent permitted by law, any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Removal of Listings: Universe reserves the right to suspend or remove any Listings and/or suspend or cancel a Transaction and/or a Host’s Account in any of the following circumstances, if:
(a) Universe reasonably suspects that the Host is unable to pay its debts or Universe is otherwise entitled to terminate your account in accordance with paragraph 20.1;
(b) Universe reasonably suspects that the Host is unable to put on the event or otherwise meet its obligations to Buyers under these Terms and Conditions;
(c) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Listings or Transactions;
(d) Universe reasonably suspects any unauthorised use of a Host’s Account and/or of the Universe Services;
(e) a Listing does not comply with applicable legislation; and/or
(f) a breach of these Terms and Conditions occurs.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise outside of Universe’s reasonable control and Hosts will only do so in their sole discretion (acting reasonably) or as otherwise required under law (including but not limited to the Australian Consumer Law and NZ Consumer Law, as applicable).
14.4 Payment Information: The Buyer warrants and represents that they are authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that the applicable third-party payment processor, may debit the Transaction Value from the method of payment provided by the Buyer.
14.8 Ticket Resale: There are laws in place in some locations that prohibit resale of tickets to certain events or limit the prices at which they may be resold (Price Cap) and penalties may apply for non-compliance. Buyers are responsible for complying with any such laws. Unless a Host expressly provides otherwise, Tickets may not be resold or offered at a premium (above the Total Ticket Sale Price or statutory Price Cap, where applicable) or used for advertising, promotion or other commercial purposes. Universe cannot guarantee the authenticity of tickets purchased from any unauthorised third-party resellers or resale sites.
14.9 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.10 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.11 Donations: Hosts may offer Buyers the option to donate to a specified cause or charity. Where the Host offers a Buyer the option to donate, the Host is responsible for providing accurate and complete information about the relevant cause or charity, and for ensuring it holds all registrations and/or authorisations required by applicable law to collect donations where applicable. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings. Donations are subject to the same fees and charges as Tickets.
14.12 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above, and as specified as the Host’s refund policy at the time of purchase.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions or applicable law, the Buyer must contact the Host using the contact details in the Listing. If a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds of the Sale Price on the condition that the Host has provided the funds to enable it to do so. The Universe Per Order Fee is refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its discretion (acting reasonably). Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe, acting reasonably, reserves the right to cancel or reverse a Buyer’s Transaction in any of the following circumstances if:
(a) Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe reasonably suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, and ensuring compliance with all applicable laws and regulations, related to the display, description, fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY:
18.1 Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
"Data Protection Legislation" means (i) the Australian Privacy Act 1988 (Cth); (ii) the New Zealand Privacy Act 2020; and (ii) any and all data protection laws and regulations applicable in Australia and/or New Zealand including those made under or pursuant to (i), in each case as may be amended or superseded from time to time.
"Event" means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
"Feedback" means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
"Force Majeure" means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g. reporting, email management or data analytics.
“Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
"Personal Information" has the meaning given to it in the Data Protection Legislation.
"Personal Information Breach" means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information.
“Sale Price” means the price at which Host offers a Ticket for sale, whether in AUD, NZD or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host (excluding the Service Charge and Universe Per Order Fee).
“Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be included in the base Sale Price (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer). The Service Charge is inclusive of GST at the then-current rate.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, which may include, but is not limited to, Facebook, Twitter and Google.
“Threshold Amount” means A$10 or NZ$10 (as applicable).
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Total Sale Price” means the total per Ticket price displayed to the Buyer, which comprises the Sale Price plus the Service Charge (but does not include the Universe Per Order fee, if applicable).
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
“Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2 (including the Universe Per Order Fee, if applicable).
“Universe Account Information” means the Personal Information you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
“Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid Tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Total Sale Price as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then-current rate.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe reasonably suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe reasonably suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to administration or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could reasonably be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;~recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the Transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms and Conditions. If Universe determines that you have violated these Terms and Conditions or any local or national law, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms and Conditions. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional, national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, to the maximum extent permitted by law, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by applicable law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeable, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by applicable law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Service who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 The above does not restrict your statutory rights (including under Australian Consumer Law or NZ Consumer Law, as applicable), your right to make a complaint to the appropriate local or national regulatory authority, or your right to pursue court or tribunal proceedings or other forms of settlement with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the state and/or country where the Event for which you are purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
F. Contact Us
If you have any questions, comments or complaints regarding these Terms and Conditions or the Website, please contact Customer Service.
A. Introduction and Key Terms
1. THESE TERMS AND CONDITIONS
1.1 If you (“User”, “you”, “your”) are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), for an Event in one of the countries or regions listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company, unless you are advised otherwise by Universe. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.
Country Company
Northern Ireland Ticketshop (NI) Limited trading as Ticketmaster
Republic of Ireland Universe Experiences, Inc.
United Kingdom (excluding Northern Ireland) Ticketmaster UK Limited
1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
1.4 Please note:
(a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
(b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
(c) Universe does not own any Tickets or set the Sale Price;
(d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
(e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
(f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.
1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions from time to time to reflect changes in applicable laws, regulatory requirements, or our Services. When we make material changes, we will provide you with reasonable advance notice, which may include notification via email to registered account holders and/or a prominent notice on the Website. The updated Terms and Conditions will take effect from the date specified in the notice. All Transactions are subject to the applicable version of the Terms and Conditions in force at the time the Transaction is completed.
(a) Buyers
Each Transaction constitutes a separate contract. Buyers are responsible for reviewing the Terms and Conditions in force at the time of completing a Transaction.
(b) Hosts
Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.
B. Registration, Your Account and User Content
2. REGISTRATION
2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
(a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
(b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.
3. YOUR ACCOUNT
3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside of the UK and Ireland may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.
4. USER CONTENT
4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
(a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
(b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
(c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
(d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
(f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
C. Terms and Conditions – Listing and Selling Tickets
5. CREATING A LISTING
5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Transaction Value, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid: (i) directly by the Host to Universe; or (ii) by the Buyer (as a resupply from the Host to the Buyer). Where the Host elects to pass the Service Charge to the Buyer, it will appear as a line item in the breakdown of the Order Total at checkout. Where the Host elects to pay the Service Charge directly to Universe, it will not appear as a separate line item in the checkout breakdown and will instead be incorporated into the Sale Price.
5.5 Transaction Value: The Transaction Value (being the total mandatory amount payable by the Buyer for the Ticket(s)) shall at all times be presented as the all-in headline price. The Host may include mandatory per-Ticket charges (e.g. a venue levy), which will be included within the Transaction Value. Where applicable, a Service Charge applied by Universe will also be included within the Transaction Value and itemised in the checkout breakdown. Optional Add-Ons are excluded from the Transaction Value and will be clearly presented at checkout as voluntary additions.
5.6 Optional Add-Ons: The Host may offer Buyers the opportunity to purchase Optional Add-Ons in connection with a Ticket purchase. Where selected by the Buyer, such Optional Add-Ons will be included in the Order Total payable at checkout. Each Optional Add-On may be subject to an Optional Add-On Fee. The Host can elect whether the Optional Add-On Fee will be paid: (i) directly by the Host to Universe; or (ii) by the Buyer (as a resupply from the Host to the Buyer). Where the Host elects to pass the Optional Add-On Fee to the Buyer, the price of the Optional Add-On will be inclusive of the Optional Add-On Fee. The Optional Add-On Fee will also appear as a line item in the breakdown of the Order Total at checkout. Where the Host elects to pay the Optional Add-On Fee directly to Universe, it will not appear as a separate line item in the checkout breakdown.
5.7 Listing Description: The Host must provide all the Event information in the Listing, for example:
(a) the location of the Event;
(b) the name of the Event and performer(s) (if relevant);
(c) the date of the Event;
(d) the name and address of the Venue;
(e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
(f) the Transaction Value (including a breakdown of the Face Value Ticket Price, Service Charge, any additional per-Ticket fees to be charged, if applicable);
(g) any Optional Add-Ons which may be selected by a User;
(h) a seat map of the Event;
(i) confirmation that applicable taxes are included in the Transaction Value;
(j) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
(k) the refund policy, if any;
(l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
(m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
(n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
(o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
5.8 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
5.9 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
(a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
(b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
(c) if booked, will be honoured, unless otherwise agreed with the Buyer;
(d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
(e) do not infringe any third-party rights (including intellectual property rights);
(f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
(g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
(h) do not in any way contain fraudulent or inaccurate or misleading information;
Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
(i) are not defamatory, abusive, threatening or obscene;
(j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
(k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
(l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
(m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
(n) cannot be construed to be associated with any terrorist organisations; and
(o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
5.10 Applicable Taxes: The Host is responsible for ensuring that the Order Total includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
5.11 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.
5.12 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
5.13 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.
6. SALE OF TICKETS
6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
6.5 Disputed Events: If a Buyer disputes any element of an Event or an Order Total, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.
7. UNIVERSE PAYMENTS
7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price and any Optional Add-On proceeds due to the Host from the Transaction (net of any Service Charge payable directly by the Host to Universe in accordance with paragraph 5.4, and net of any applicable Optional Add-On Fee in accordance with paragraph 5.6), using the payment method selected by the Host, approximately 48 hours after the end of the Event.
7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.
8. STRIPE PAYMENTS
8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price and any Optional Add-on(s) will be paid directly into the Host’s Stripe account and the Service Charge and any applicable Optional Add-On Fee shall be paid directly to Universe.
8.3 Refunds: In the event that a Buyer requests a refund of the Sale Price, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.
9. CHARGEBACKS
9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.
10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS
10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket. If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket.
10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
10.5 Service Charge: if a refund of the Sale Price under paragraphs 10.2, 10.3 or 10.4 is due, the Service Charge may be refunded to the Buyer at Universe’s sole discretion (or as may be legally required), in accordance with paragraph 15.2.
10.6 Optional Add On: Where a refund becomes due under paragraphs 10.2, 10.3 or 10.4, whether any Optional Add-On is refundable will depend on the nature of the Optional Add-On and the terms disclosed to the Buyer at the time of purchase. Certain Optional Add-Ons, including fulfilled merchandise orders or redeemed benefits, may not be refundable. Any applicable Optional Add-On Fee may be refunded at Universe’s sole discretion (or where required by law).
11. USE AND COLLECTION OF DATA BY HOSTS
11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
(a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
(b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.
11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
(a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
(b) duration: the term of these Terms and Conditions;
(c) types of Personal Data: name, email, contact details; and
(d) categories of data subjects: Buyers of Host Listings.
11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
(a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
(b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
(c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
(d) inform the Host without undue delay if it becomes aware of a personal data breach;
(e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
(g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
(h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
(i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.
12. HOST TOOLS
12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
(a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
(b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
(c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
(d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
(e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
(a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
(b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
(c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
(d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.
13. ENFORCEMENT ACTION AGAINST HOSTS
13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.
D. Terms and Conditions – Buying Tickets
14. PRICE AND PAYMENT
14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket(s) including any Optional Add-Ons shall be made clear by the Host. Where the Host elects for the Service Charge to be absorbed by it in accordance with paragraph 5.4, the Service Charge shall be included within the Sale Price. Where the Host elects for the Buyer to pay the Service Charge, the Service Charge shall be displayed as a separate line item in the breakdown of the Transaction Value presented to the Buyer. Where a Buyer selects Optional Add-Ons, the Order Total (comprising the Transaction Value and the value of the Optional Add-Ons selected) will be confirmed to the Buyer before payment is processed.
14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Order Total from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
14.10 Donations: Hosts may: (i) pledge to donate a portion of the Sale Price to a particular cause or charity and/or (ii) offer Buyers the option to make a charitable donation as an Optional Add-On at checkout. Universe does not control or accept any responsibility or liability for any such donations. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
14.11 Foreign Currency: Fees for various Listings may be displayed in foreign currencies. Where a Transaction Value (or any part of it) and any Optional Add-Ons have been listed in a foreign currency, this is for informational purposes only.
15. CANCELLATION AND REFUNDS
15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. The Service Charge, if applicable to the Buyer, may be refundable at Universe’s sole discretion (or as may be legally required). In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. In determining whether a refund of an Optional Add-On is payable, consideration may be given to whether the Optional Add-On has already been fulfilled, redeemed or otherwise used, including where merchandise has already been dispatched or provided to the Buyer. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.
16. ENFORCEMENT ACTION AGAINST BUYERS
16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
(a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
(b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
(c) a breach of these Terms and Conditions occurs.
17. MERCHANDISE AND ADD-ONS
17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.
18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.
E. General Terms and Conditions
19. DEFINITIONS AND INTERPRETATION
19.1 In these Terms and Conditions:
“Account” means the account set up by you to use the Universe Services.
“Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
“Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
“Data Controller” has the meaning given to it in EU Data Protection Legislation.
“Data Processor” has the meaning given to it in EU Data Protection Legislation.
“Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
“Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
“Face Value Ticket Price” means the base price of a Ticket set by the Host (which can be zero where an Event is free), excluding any per-Ticket charges, Service Charge or Optional Add-Ons.
“Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
“Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
“Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics. “Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
“Optional Add-On” means any voluntary addition that the Buyer may elect to include at checkout. Optional Add-Ons fall into two categories:
(a) upsells: commercial add-ons offered by the Host at checkout, such as food, drink, parking or merchandise; and
(b) charitable donations: voluntary charitable donations facilitated at checkout on behalf of the Host or a nominated charity.
Optional Add-Ons are not mandatory, do not form part of the Sale Price or Transaction Value, and may be selected or declined at the Buyer’s sole discretion. The availability and price of any Optional Add-Ons will be clearly presented to the Buyer at checkout separately from the Transaction Value.
“Optional Add-On Fee” means Universe’s fee for facilitating Optional Add-On, which at the Host’s election may either be: (a) charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds); or may be (b) resupplied to the Buyer by the Host (in which case the price of the applicable Optional Add-On will be inclusive of the Optional Add-On Fee. The Optional Add-On Fee will show in the subtotal on the checkout page and will be paid by the Buyer as part of the Order Total). The applicable rate will be as notified to the Host by Universe from time to time.
“Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
“Order Total” means the total amount actually payable by the Buyer at checkout, comprising of the Transaction Value and the aggregate value of any Optional Add-Ons selected by the Buyer. The Order Total is the amount debited from the Buyer’s payment method and confirmed in the Order Confirmation. Where no Optional Add-Ons are selected, the Order Total equals the Transaction Value.
“Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
“Personal Data" has the meaning given to it in the EU Data Protection Legislation.
“Sale Price” means: (i) the Face Value Ticket Price ; and (ii) any additional per-Ticket charges added by the Host in accordance with these Terms and Conditions). The Sale Price excludes the Service Charge and any Optional Add-Ons.
“Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be: (a) charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds); or may be (b) resupplied to the Buyer by the Host (in which case the Sale Price will be inclusive of the per Ticket Service Charge. The per Ticket Service Charge will show in the subtotal on the checkout page and will be paid by the as part of the Order Total). The Service Charge is exclusive of any applicable taxes at the then-current rate, which are payable in addition.
“Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
“Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
“Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
“Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
“Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the Transaction Value. Where a Buyer also selects Optional Add-Ons at checkout, the total amount payable will be the Order Total.
“Transaction Value” means the total mandatory amount payable by a Buyer pursuant to a Transaction, being the all-in headline price displayed to the Buyer at checkout, which includes: (a) the Sale Price for each Ticket; and (b) any applicable Service Charges, but excludes Optional Add-Ons and any applicable Optional Add-On Fee.
“Universe Account Information” means the Personal Data you upload when registering your Account.
“Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
“Universe Payments” means the default Payment Processing Method option through which the Order Total gets paid to Universe who will remit the Sale Price amount(s) and the value of any Optional Add-Ons to the Host.
“Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
“Venue” means any site, facility or location where an Event is held.
“Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
20. TERMINATION
20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
(a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
(b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
(c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
(d) you otherwise breach these Terms and Conditions;
(e) Universe is ordered to do so by any local legal or regulatory authority;
(f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
(g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
21. UNIVERSE SERVICE RULES
21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
(a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
(b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
(c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
(e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
(f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
(g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
(h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
(i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
(j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(k) use automated scripts to collect information or otherwise interact with the Universe Services;
(l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
(m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
(n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
(o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
(p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
(q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
(r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
(s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
(t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
(u) advocate, encourage, or assist any third party in doing any of the foregoing.
21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.
22. WARRANTIES AND INDEMNITIES
22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.
23. LIABILITY
23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Order Total in relation to the Transaction giving rise to any such liability.
23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.
24. DISPUTE RESOLUTION
24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
25. GENERAL
25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
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