TradeOnly.net - Terms & Conditions
1. Our contract
By using or subscribing to our site you enter into a binding contract
with us on the following terms and conditions.
2. Exclusions and limitations
2.1 We do not represent or warrant that access to our site or any part
of it will be uninterrupted, reliable or fault free.
2.2 We do not represent or warrant to you that our site or any of its
contents will be accurate, complete or reliable.
2.3 We do not represent or warrant a seller’s ability to supply
the hospitality packages or tickets that are purchased via our website.
2.4 We do not represent or warrant the quality of the hospitality or tickets
sold through our website.
2.5 Although we provide you with sellers’ contact details, you acknowledge
that you are under no obligation to make contact with a seller. It is
your sole responsibility to determine whether or not a particular seller
is suitable.
2.6 To the extent permitted by law, we exclude all liability (whether
arising in contract, tort or otherwise and whether or not due to our negligence)
which we may otherwise have to you as a result of:
2.6.1 any technical, factual, textual or typographical inaccuracies, errors
or omissions on or relating to our site or any information on our site;
2.6.2 the unavailability of our site (or any part of it) or inability
to supply or buy hospitality packages or tickets from a seller;
2.6.3 any delay in providing, or failure to provide or make available,
hospitality packages or tickets by the seller;
2.6.4 any misrepresentation on or relating to our site or the hospitality
packages or tickets (other than a fraudulent misrepresentation made by
us or on our behalf).
2.7 Our maximum liability to your business in respect of your use of our
site or any services we provide or make available to you through or in
relation to our site will be the amount of any membership fees paid on
behalf of your business during the year in which the liability arose.
You agree that we shall have no liability for indirect or consequential
losses, loss of data, income or profits or damages for loss of or damage
to property.
2.8 You agree that each of these limitations is reasonable having regard
to the nature of our site and in particular given that when you purchase
hospitality packages or tickets through our site you will enter into a
separate contract with the seller in each case.
2.9 None of the exclusions or limitations in this clause 2 shall exclude
or restrict our liability for death or personal injury caused by our negligence.
2.10 None of the above exclusions shall affect any statutory rights which
are not capable of being excluded. However, in such case our obligation,
where permitted by law, will be limited to the re-supply of our site or
service to you.
2.11 Each of the above exclusions or limitations shall be construed as
a separate, and severable, provision of these terms and conditions.
3. Membership and charges
3.1 By becoming a member and subscribing to our site, you agree to pay
our membership charges at the rate applicable from time to time and stipulated
on the site.
3.2 If you fail at any time to pay any membership charges due in accordance
with these terms and conditions we may, in our discretion and without
prejudice to our other rights, deny you access to those areas of our site
which are exclusively available to members. We need not provide you with
advance notice in such circumstances.
3.3
Once you have subscribed to membership of the site, your subscription will last for one year. Under no circumstances will you be entitled to receive any refund in the event of cancellation of your subscription by either party.
4. Conditions of Membership
4.1 Hospitality packages, tickets and associated services for any events
in the UK or abroad can be advertised on the site.
4.2 Members must be a venue, hospitality provider, hospitality agent,
ticket agent, event organiser or party organiser.
4.3 Sellers advertising on the site must use their best endeavours to
ensure that the number of packages that are advertised are available.
However, members are strongly advised to check the availability of particular
packages with sellers beforehand.
4.4 Any unofficial hospitality must be clearly confirmed as unofficial
when entering the event.
4.5 Ticket only sales can be advertised on the site providing the seller
complies with all applicable laws in force from time to time.
4.6 It is essential to state the correct name of the suite or facility
for hospitality packages.
4.7 It is the duty of all members to report other members misuse using
the incident report facility.
4.8 The facility/suite must be accurately described in the event description,
including the distance of the facility from the stadium, if applicable.
Any sellers misleading buyers will have their membership withdrawn.
5. Links to other sites
Certain links, including hypertext links, in our site will take you outside
our site. Links are provided for your convenience and inclusion of any
link does not imply endorsement or approval by us of the linked site,
its operator or its content. We are not responsible for the content of
any website outside our site.
6. Termination of membership
6.1 We may terminate your membership immediately if you are in material
breach of any of these terms and conditions and in particular upon any
failure by you to pay your membership charge in accordance with these
terms and conditions. You may terminate your membership at any time on 30 days notice in writing to TradeOnly.net at Eden House, River Way, Uckfield, East Sussex TN22 1SL or by email on info@tradeonly.net.
6.2 Any rights that have accrued to either party at the date of termination
will remain enforceable after termination.
7. General
7.1 Third party rights
Where in these terms representations and warranties are made to us and to sellers of packages or tickets through our site, you acknowledge and agree that such representations and warranties are intended to grant rights to, and operate for the benefit of, all such sellers and that each such seller may rely upon and enforce such representations and warranties against you by virtue of the Contracts (Rights of Third Parties) Act 1999.
7.2 Variations
We reserve the right at any time without notice to revise the content
of our site (including the services offered by us) and these terms and
conditions. Any changes to these terms and conditions will be posted on
our site and by continuing to use our site following any such change you
will signify that you agree to be bound by the revised terms and conditions
of use.
7.3 Payment
Upon submitting your details on this website, we shall send you an invoice in respect of the membership charges. This invoice must be settled immediately. For these purpose time for payment shall be of the essence. In the event that invoices which have been duly rendered remain outstanding after 30 days we reserve the right to suspend your membership to this website and/or the right to charge interest on outstanding amounts at a rate up to the maximum prescribed by the Late Payment of Commercial Debts (Interest) Act 1998 in force form time to time which shall be payable on all overdue invoices. All debt collection and legal charges will be added to the amount due.
7.4 Taxes
We have made every effort to make clear whether the quoted prices for
packages or tickets available through our site include any relevant tax
or duty or do not. Where in any case it is not clear please note before
you make an order that you might be required to bear a liability to tax
or duty (for example value added tax) imposed by the seller or by operation
of law that is in addition to the price.
7.5 The use of your information
You agree that we may collect, store, and use information about you in
accordance with our privacy policy. You acknowledge and agree to be bound
by the terms of our privacy policy.
7.6 Copyright
All rights in the design, text, graphics and other material on our site
and the selection or arrangement thereof are the copyright of us or other
third parties. Permission is granted to electronically copy and print
in hard copy portions of our site solely in connection with the acquisition
of services through our site. Any other use of materials on our site (including
reproduction for purposes other than those noted above and alteration,
modification, distribution, or republication) without our prior written
permission is strictly prohibited.
You hereby grant to us a perpetual royalty-free, irrevocable licence to
copy, issue copies, communicate to the public, make publicly available
and include in a cable programme service (either in whole or in part or
in a modified or edited form) any material you up-load or post to our
site (whether to a chat room, bulletin board or otherwise). You acknowledge
and agree that such material is not up-loaded or posted subject to any
obligation of confidence.
7.7 Trade marks
All trade marks, product names and company names or logos used in our
site are our property or that of their respective owners. No permission
is given by us in respect of the use of any such trade marks, get-up,
product names, company names, logos or titles and such use may constitute
an infringement of the holder’s rights.
7.8 Access
We reserve the right in our sole discretion to deny users access to our
site or any part of our site without notice and to decline to provide
the service to any user that is in breach of these terms and conditions
of use. There are no global restrictions limiting a user’s membership of the site.
7.9 Events beyond our control
We shall not be liable to you for any breach of these terms and conditions
of use or any failure to provide or delay in providing our services through
our site resulting from any event or circumstance beyond our reasonable
control including, without limitation, strikes, lock-outs and other industrial
disputes, breakdown of systems or network access, fire, explosion or accident.
7.10 Applicable law and jurisdiction
These terms and conditions (and any dispute, controversy, proceedings
or claim of whatever nature arising out of or in any way relating to them
or their formation) shall be governed by and interpreted in accordance
with English law and, for these purposes, the parties irrevocably submit
to the exclusive jurisdiction of English courts.
7.11 Unenforceability
The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.
8. Definitions
In these terms and conditions:
8.1 ‘our site’ means our presence on the Internet;
8.2 ‘our’, ‘we’ and ‘us’ means TradeOnly.net
Limited and, where applicable, its officers, employees and authorised
agents;
8.3 ‘you’, ‘your’ and ‘members’ include
any business with which you are associated and on behalf of which you
use our site (‘your business’);
8.4 ‘seller’ means the seller of hospitality packages or tickets.