1.1 Introduction. Welcome to the Bath Rugby Seat Exchange (the "Site"). These Terms and Conditions ("Agreement") list the terms of the agreement between Seat Exchange (Europe) Limited ("Seat Exchange" or "We" or "Us") and you ("You") for the purchase and sale of seats ("Seats" or “Tickets”), and all other services that We provide (the "Services"). By using our Site, You agree to accept this Agreement.
1.2 Seat Exchange. Seat Exchange provides a service that allows current Season Ticket Holders of Bath Rugby ("Bath") ("Bath Season Ticket Holders"), and other Bath Rugby Supporters ("Bath Supporters") who want to buy seats ("Buyers") to find Bath Season Ticket Holders who want to sell seats ("Sellers"). Seat Exchange does not take title to the underlying ticket and the actual transactions are between the Buyers and Sellers. Seat Exchange only verifies the tickets that are sold and purchased and provides payment and fulfilment services.
1.3 Modification. If We change this Agreement, We shall post a revised version of this Agreement, which shall automatically replace the terms of this Agreement. The revised version of this Agreement is automatically effective seven (7) days after it is initially posted on the Site. Your continued use of the Site and the Services following Seat Exchange's posting of a revised Agreement will constitute Your acceptance of the revised Agreement. If You do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services or this Site.
2.1 Requirements. To be a member of this Site, You must agree to accept the terms in this Agreement. You may only use the Services if You can legally enter into and form binding contracts. If You do not qualify, do not use the Services.
2.2 Registration. Bath Season Ticket Holders and Bath Supporters may be registered as Buyers. Only current Bath Season Ticket Holders may be registered as Sellers. Both Buyers and Sellers must provide their real name, address, phone number, and email address.
2.3 Username and Password. You will need a username and password to use the Site and the Services. You are responsible for maintaining the security of your username and password and You are responsible for any action taken under your username or password.
2.4 Listing. At present, Sellers may list and sell tickets to Bath home matches, including but not limited to Premier Rugby League, Anglo Welsh Cup, European Cup and European Challenge matches. To sell tickets, a Seller lists the tickets in the Seat Exchange database. The Seller's season ticket information will be pre-loaded, including the seat locations and prices. The Seller has to provide information such as the match, sale end date and any applicable ticket splitting or restrictions on ticket splitting, all in accordance with the process outlined in the help pages. You also grant to Seat Exchange a non-exclusive, transferable, worldwide, paid-up, royalty-free right and license to reproduce, modify, adapt, publish and display on the Site your descriptions of tickets listed for sale. This is so we can promote the sale of tickets and items that You list for sale.
2.5 VAT on the Sale of Tickets. The Seller is responsible for determining whether it is required to account for Value Added Tax (‘VAT’) on the sale of the ticket(s) and for collecting and paying that VAT to HM Revenue and Customs. We take no responsibility for such issues. If the Seller is required to account for VAT on the sale of the ticket, the Seller should include the VAT in the total price when selecting ticket prices on the website. This is independent from any VAT that We are required to charge on our Fees.
2.6 Pricing Formats. If a Seller posts a ticket for sale on Seat Exchange, the option is provided to sell that ticket in a fixed price format only.
2.7 Making an Offer. A Bath Season Ticket Holder or Bath Supporter who wants to buy a ticket, first searches the Seat Exchange database for tickets listed by Sellers that match the Buyer's desired tickets. Once the Buyer finds a matching ticket, the Buyer notifies Seat Exchange with an "offer" that the Buyer is willing to purchase the ticket. As a Buyer, You grant Seat Exchange permission to charge your credit card, debit card, PayPal account, or bank account for the purchase of the selected tickets.
2.8 Payment Authorisation. When We receive an offer by credit or debit card, We obtain an authorisation from the Buyer's credit or debit card equal to the price, booking fees and delivery fee for the tickets. We will also add VAT on our fees as applicable. The authorisation will remain on the Buyer's credit or debit card until the sale is completed or the order is cancelled. When We receive an offer by PayPal, We will obtain an authorisation from the Buyer's PayPal account equal to the price, booking fees and delivery fee for the tickets. We will also add VAT on our fees as applicable. When We receive an offer by bank transfer, We will check to see if the bank account is valid.
2.9 Seller's Confirmation. Once we obtain an authorisation from the Buyer this means that a Seller has a successful transaction. Seat Exchange will then confirm the order to the Seller within one (1) business day. This confirms to the Seller that the Buyer is willing to pay the listed price, booking fees delivery fees, and taxes on our fees. The Seller's seat voucher will be cancelled for and must be returned to Bath Rugby for the relevant match. The voucher is to be received by the Club no later than 72 hours prior to the game. If you sell your ticket between 72 hours and 48 hours prior to the game, the voucher must be received by the Ticket Office 24 hours prior to kick-off.
2.10 Collecting Payment. Upon confirmation, We collect payment from the Buyer for the listed price, booking fees, delivery fees, and taxes on our fees. At no time do We provide the Buyer's payment information to the Seller. The money is paid to us, and the Seller is compensated for the sale according to their selected payment method and the payment policy in the help pages.
2.11 Seat Fulfilment. Once the Seller lists seats for sale and a Buyer purchases the tickets, the Seller's tickets are not valid for the relevant match. The Buyer will receive tickets by pickup at The Recreation Ground on match day, or by any other fulfillment mechanism determined by Seat Exchange and Bath Rugby. Seat Exchange or Bath Rugby will notify the Buyer by email of how the ticket will be provided.
2.12 Seller Payment. The Seller will be paid fourteen (14) days after the relevant game has taken place. We reserve the right to withhold payment if the voucher for that match has not been received or if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement. The voucher is to be received by the Club no later than 72 hours prior to the game. If you sell your ticket between 72 hours and 48 hours prior to the game, the voucher must be received by the Ticket Office 24 hours prior to kick-off.
2.13 Seat Information. Event dates, times, venues and subject matter, which are listed on the ticket for the seat, may change. It is up to the Buyer to verify the most recent changes by contacting the box office or referring to official listings for any changes.
2.14 Dispute Resolution. After receiving the tickets, if a Buyer is dissatisfied with any part of the purchase the Buyer must follow the rules for dispute resolution outlined in our Seat Exchange Guarantee as specified in our help pages.
3.1 Accurate Descriptions. For all tickets You list as the Seller, You warrant that Your descriptions of the seats accurately detail and describe the seats offered for sale. You also warrant that you own the seats and are authorised to transfer or resell them.
3.2 Other Information. You represent and warrant that any information You provide to us, to other members, or to visitors of the Site (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.
3.3 Laws and Regulations. You warrant that You will comply with all applicable local, regional, country and international laws, statutes and regulations regarding use of the Site and selling value of the tickets. You warrant that you will also comply with Bath’s Ground Regulations and standard Season Ticket terms and conditions, save that, notwithstanding the restrictions on transfer and resale in such standard terms and conditions, the sale and purchase of Tickets by You in accordance with this Agreement shall not constitute a breach of the same. You warrant that you are over 18 years old and have the legal capacity to make the transaction.
3.4 Indemnity. You agree to indemnify and hold Seat Exchange, Bath, and (if applicable) any parent, subsidiaries, affiliates, officers, directors, solicitors, agents and employees, harmless against all liabilities, costs and expenses (including reasonable solicitors' fees) incurred by Seat Exchange, Bath, and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, solicitors and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site.
4.1 Double Posting and Removal of Tickets. Once a seat is listed, We strongly discourage offering that seat for sale elsewhere. If you give your ticket to another individual or family member you are required to remove your ticket from the Site immediately. As long as the posting remains listed on Seat Exchange, the ticket may be bought and if it is bought it will render the holder's voucher unusable for that match.
4.2 Stolen Property. The sale of stolen property on Seat Exchange is strictly forbidden, and violates local, country and international law. Seat Exchange strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on Seat Exchange.
5.1 Investigations. We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation providing Us specific information regarding your right to a ticket, the source of a seat, your acquisition of a seat, and the price You paid for a seat.
5.2 Violations, Termination and Suspension. We may take any action that We deem appropriate in our sole discretion including without limitation issuing a warning, suspending or terminating service, denying access, removing a listing or recommending You edit a listing. You agree that payments owing to You for sales made through this Site may be suspended or delayed and that Seat Exchange is not obligated to pay You for any sales if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement. On termination, Your items may be de-listed if You are a Seller and Your purchases may be cancelled if you are a Buyer.
5.3 Disclosure of Information. You agree that Seat Exchange may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. Seat Exchange will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
5.4 Making Adjustments. You authorise us to withhold payment or charge your payment guarantee method any amount You owe us if (a) an adjustment is made under our Seat Exchange Guarantee as specified in our help pages; (b) We reasonably believe that You have committed fraud or other illegal act or omission during any buying or selling activity and are asked by any regulatory body to withhold payment or charge your payment guarantee method; (c) You are not able to produce the exact seats that you listed on the Site for a confirmed transaction; (d) You include promotional materials in the ticket shipment; or (e) You otherwise owe us a specific amount. If any of these things happen, We may also deduct from any amount We owe You the amount You owe Us.
6.1 No Warranty. Except for the express warranties stated in this agreement, Seat Exchange provides the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. Seat Exchange makes no warranty with respect to its software, any tickets, any event, the services Seat Exchange provides, or that sellers or buyers will perform as promised, and Seat Exchange expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of quality, title, non-infringement of third party rights or fitness for a particular purpose. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
6.2 Waiver of Consequential Damages; Liability Limit. Seat Exchange expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services, the site, or the suspension, termination or malfunction of the services or the site. Seat Exchange's liability to You or anyone else in any circumstance is limited to the lesser of (a) 200 GBP, and (b) the total value of all tickets and other items you bought and/or sold via Seat Exchange during the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you. Under no circumstances is Seat Exchange liable for any additional costs You incur if you purchase tickets from a third party for tickets you were unable to purchase on Seat Exchange.
6.3 Allocation of Risk. You acknowledge and agree that the foregoing disclaimers and limitations of liability represent reasonable allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.
6.4 Release. We are not involved in the actual transactions between Buyers and Sellers, beyond verifying the tickets that are sold and purchased and the provision of payment and fulfilment services. Bath will not be liable to any user for any refunds of tickets purchased save to the extent expressly set out in the relevant ticket terms and conditions. If You have a dispute with one or more Bath Season Ticket Holder or other Bath Supporter, You release Seat Exchange, Bath, and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
6.5 Payment of Tax - Indemnity. You acknowledge that Seat Exchange and Bath are not under any duty to act (nor does they act) on your behalf to ensure that any relevant taxes are paid to any tax authority. You shall indemnify Seat Exchange, Bath and their parents, subsidiaries, affiliates, officers, directors, agents and employees (as applicable) on an after-tax basis against all liabilities, costs, expenses, damages, interest and losses (including reasonable legal costs and expenses) incurred by Seat Exchange or Bath arising out of or in connection with any claim from any third party (including a government claim) that relates to: (i) any liability for any tax or amounts due under a tax regulation, law, order or decree (whether local, regional, country or international); or (ii) any dispute relating to the tax status of Seat Exchange or Bath.
6.6 No agency. You and Seat Exchange are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
6.7 Third Party Information. We do not control the information provided by other users which is made available through the Site. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution when using the Site and remember that there are risks of dealing with people acting under false pretences. By using this Site, You agree to accept such risks and agree that Seat Exchange is not responsible for the acts or omissions of users on the Site.
6.8 All Sales are Final. All sales are final. No refunds, cancellations or exchanges will be issued for date or time changes, partial performances, or loss.
6.9 Change or Suspension of Site. Seat Exchange reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that We shall not be liable to You or any third party for any modification, suspension or discontinuance of the Site or any Services under this agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. In addition, the Site could be unavailable during certain periods of time while it is being updated and modified. During this time, the Site will be temporarily unavailable.
6.10 Notices. Except as expressly stated otherwise, all notices to Seat Exchange shall be sent through the email form provided on the Site under the Contact Us link. Our street address is 150 Aldersgate Street, London, EC1A 4EJ, United Kingdom. Except as expressly stated otherwise, all notices to You shall be sent to the email address You provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent.
7.1 Ownership of Intellectual Property. You acknowledge and agree that (i) our patents, trade marks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual Property") is and shall remain our sole property, and (ii) nothing in this agreement shall confer in You any right of ownership or license rights in our Intellectual Property. In addition, You shall not now or in the future contest the validity of Seat Exchange's Intellectual Property.
7.2 Copyright. Copyright © Seat Exchange. The software and the Site, including without limitation all text, graphics, logos, buttons, images, audio clips, and computer programs, are the property of Seat Exchange or its suppliers, and are protected by country and international copyright, trademark and other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Seat Exchange and protected by country and international copyright law. Any unauthorised reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.
7.3 Governing Law This Agreement shall be governed by and interpreted in accordance with the laws of England. You consent to the exclusive personal jurisdiction and venue of English courts.
7.4 Miscellaneous. This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of Seat Exchange, which We can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. This does not prevent us from varying these terms without reference to them. The title at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.
8 Safe Harbour. Seat Exchange operates its business in both the United States Of America and in European Union Countries including the United Kingdom. Seat Exchange collects information from European Union residents as described above and has filed a Safe Harbour self-certification with the United States Department of Commerce. The self-certification can be found at www.export.gov/safeharbor.
If complaints arise concerning privacy matters, you can contact our Chief Privacy Officer at +1 (0) 866-276-7328. Seat Exchange has also entered into an agreement with BBBonline Inc. to review complaints that have not been resolved alleging that Seat Exchange has failed to comply with the Safe Harbour Privacy Principles. BBBonline Inc. can be contacted at 4200 Wilson Boulevard, 8th Floor Arlington, Virginia 22203 USA. The telephone number for the online Privacy Dispute Resolution Intake Center is +1 (0) 703-247-9333 or go to http://www.bbbonline.org/consumer/complaint.asp.
