Terms and Conditions
1.1 Introduction. Welcome to Mywayticket's online ticket exchange (the "Site"). These Terms and Conditions (including any documents referred to in it) ("Agreement") list the terms of the agreement between you ("You") and Mywayticket SA ("Mywayticket" or "We" or "Us") for the buying and selling of tickets ("Tickets"), and all other services that We provide (the "Services"). By using our Site, You agree to accept this Agreement.
1.2 Ticketing Exchange. Mywayticket provides a service that allows members who want to buy tickets ("Buyers") to find members who want to sell tickets ("Sellers"). Mywayticket does not take title to the underlying ticket and the actual transactions are between the Buyers and Sellers. We cannot ensure that a Buyer or Seller will actually complete a transaction.
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 after it is initially posted on the Site. Your continued use of the Site and the Services following Mywayticket'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. Member Activity
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. We will not allow You to buy or sell tickets before You have registered with Us. To register, You must provide your real name, address, phone number, and email address.
2.3 Username and Password. You will need a username and password to access the Site and use 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. To sell tickets, a Seller lists the tickets in the Mywayticket database. As part of the listing process, the Seller assigns a price to the tickets and provides information including but not limited to the event, date, section, seat, row, and sale end date, all in accordance with the process outlined in the help pages. To list as a Seller, You must provide a valid credit or debit card. You also grant to Mywayticket a non-exclusive, transferable, worldwide, paid-up, royalty-free right and license to reproduce, modify, adapt, publish and display on the Site and on the sites of our marketing partners 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 Sales Tax. The Seller is responsible for determining whether it/he/she is required to account for sales or value added tax on the sale of the ticket. Mywayticket takes no responsibility for such issues. If the Seller is required to account for sales or value added tax on the sale of the ticket, the Seller should include the sales or value added tax (i.e., total) price when setting ticket prices on the website. Note that this is separate from any sales or value added tax Mywayticket is required to charge on its fees.
2.6 Pricing Formats. If a Seller posts a ticket for sale on Mywayticket, the option is provided to sell that ticket in a fixed price at which the ticket will be sold.
2.7 Making an Offer. A member who wants to buy a ticket first scans the Mywayticket database for tickets listed by Sellers that match the Buyer's desired tickets. Once the Buyer finds a matching ticket, the Buyer notifies Mywayticket with an "offer" that the Buyer is willing to purchase the ticket. Note that the Seller may or may not be required to charge you sales or value added tax on the sale of your ticket. Thus, the ticket price shown (before our fees) may include sales or value added tax as appropriate. Please note this does not include any sales or value added tax that may be payable on Mywayticket’s fees. As a Buyer, You grant Mywayticket permission to charge your credit card, debit card, PayPal account, or bank account for the purchase of the selected tickets.
2.8 Payment Authorization. When We receive an offer by credit or debit card, We obtain an authorization from the Buyer's credit or debit card equal to the price, booking fees and delivery fees for the tickets. We will also add sales or value added tax on our fees as applicable. The authorization 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 authorization from the Buyer's PayPal account equal to the price, booking fees and delivery fees for the tickets. We will also add sales or value added tax 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 Notification. Once We obtain an authorisation from the Buyer, We notify the Seller of the sale via email and/or telephone, and We confirm to the Seller that the Buyer is willing to pay the listed price, booking fees, delivery fees, and taxes on our fees.
2.10 Seller's Confirmation. The Seller must confirm the order within one (1) business day of sale of the tickets. Sellers should use our automated online confirmation process. Sellers will be able to see the service fee and taxes on our fees before completing the sell process and committing to sell their tickets. The Seller must ship the tickets as soon as the tickets are in his possession. The Seller must allow enough time for the buyer to receive the tickets on time for the event and, in any event, must ship the tickets no later than 7 days before the event. The Seller is expected to send the tickets via the selected delivery method directly to the Buyer, as stated in the help pages.
2.11 Collecting Payment. Upon confirmation that the Seller is sending an item, 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.
2.12 Ticket Fulfillment. Once the Seller lists tickets for sale and a Buyer purchases the tickets, the Seller is responsible for completing the transaction with the exact tickets the Seller listed. The Seller will be charged a replacement fee if the Seller lists tickets for sale and confirms the transaction and those exact tickets are not available. The replacement fee will depend on the market price and how much it costs Us to purchase comparable or better replacement tickets for the Buyer. We will make reasonable endeavors to provide comparable or better replacement tickets for the Buyer.
2.13 Seller Payment. The Seller will be paid biweekly not before 10 - 15 working days after event if the delivery of the tickets was successful to the Buyer.
2.14 Ticket Information. Event dates, times, venues and subject matter, which are listed on the ticket, 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.
2.15 Substituted Seat Locations. Ticket listings are a representation of actual seat location. Tickets may be substituted with comparable or better seat locations with the Buyers’ approval.
2.16 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 Mywayticket Guarantee.
3. Your warranties to Us
3.1 Accurate Descriptions. For all tickets You list as the Seller, You warrant that Your descriptions of the tickets accurately detail and describe the tickets offered for sale. You also warrant that you own the tickets and are authorized to transfer or resell the tickets.
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 are over 18 years old and have the legal capacity to make the transaction.
3.4 Indemnity. You agree to indemnify and hold Mywayticket and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by Mywayticket and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys 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. Prohibited and restricted actions
4.1 Double Posting and Removal of Tickets. To post a ticket for sale on Mywayticket You must first register with the Site. Once a ticket is posted, We strongly discourage posting that ticket for sale elsewhere. If You choose to sell your ticket, We require You to list your ticket for sale only on Mywayticket. You agree not to promote the sale of tickets posted on Mywayticket through any other site. We reserve the right to prohibit users from posting tickets on Mywayticket if they are not able to provide the exact tickets they posted on Mywayticket.
4.2 Stolen Property. The sale of stolen property on Mywayticket is strictly forbidden, and violates local, country and international law. Mywayticket 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 Mywayticket. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
4.3 Sellers Shall Not Include Promotional Material with Tickets. The Buyer name and address is provided to Sellers for the sole purpose of delivering the specific purchased ticket(s) and may not be used by the Seller for any other purpose, either in connection with such delivery(ies) or separately from such delivery(ies). You agree not to include in your delivery to the Buyer any promotional or other commercial material that is not provided or approved by Mywayticket, other than a VAT invoice if relevant and if requested by the Buyer and Mywayticket. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than Mywayticket, catalogues, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. Including any such items constitutes a material breach of these terms and conditions. You also agree not to separately contact the Buyer at any time for any reason. Note that Your payment may be withheld if you violate this clause.
5. Failure to Comply with Terms
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 ticket, your acquisition of a ticket, and the price You paid for a ticket.
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 Mywayticket 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 Mywayticket may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. Mywayticket will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
5.4 Making Adjustments. You authorize us to withhold payment or charge your payment guarantee method any amount You owe us if (a) an adjustment is made under our Mywayticket Guarantee; (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 (d) 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. Warranties and limitations of liability
6.1 No Warranty. Except for the express warranties stated in this agreement, Mywayticket provides the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. Mywayticket makes no warranty with respect to its software, any tickets, any event, the services Mywayticket provides, or that sellers or buyers will perform as promised, and Mywayticket 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. Mywayticket 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. Mywayticket's liability to You or anyone else in any circumstance is limited to the lesser of (a) € 250, and (b) the total value of all tickets and other items you bought and/or sold via Mywayticket 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 Mywayticket liable for any additional costs You incur if you purchase tickets from a third party for tickets you were unable to purchase on Mywayticket.
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. If You have a dispute with one or more members, You release Mywayticket 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 Tax Indemnity. You agree that Mywayticket is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Mywayticket and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by Mywayticket that arise out of any third party or governmental claim that involves, relates to or concerns (i) any local, regional, country, or international tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of Mywayticket.
6.6 No Agency. You and Mywayticket 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 Mywayticket is not responsible for the acts or omissions of users on the Site.
6.8 All Sales are Final. All sales and bids are final. No refunds, cancellations or exchanges will be issued for date or time changes, partial performances, or lost tickets.
6.9 Change or Suspension of Site. Mywayticket 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 Mywayticket shall be sent through the email form provided on the Site under the Contact Us link. 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. Remaining terms
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 Mywayticket's Intellectual Property.
7.2 Copyright. Copyright (c) 2010, Mywayticket Limited. The software and the Site, including without limitation all text, graphics, logos, buttons, images, audio clips, and computer programs, are the property of Mywayticket 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 Mywayticket and protected by country and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.
7.3 Additional Policies. This Agreement incorporates by reference the following policies and documents also found on this Site:
7.4 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of Switzerland. You consent to the non-exclusive personal jurisdiction and venue of Swiss courts. Mywayticket SA, Registered in Switzerland
7.5 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 Mywayticket, 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