GET ME IN! Seller Agreement
1.1 Introduction. This document sets out the terms and conditions (the “Agreement”) under which GET ME IN! Ltd (hereinafter referred as "GET ME IN!", “Us” or "We" where applicable) grants ticket sellers ("you", "You", “Your” or "Selling Member") a licence to list and offer tickets for sale on the GET ME IN! Website at www.getmein.com (the "Website") to third party buyers ("Buyer" or "Buyers"). By using the Website and listing tickets for sale on the Website you expressly agree to be bound by the following terms and conditions.
We strongly recommend that you read and understand this Agreement, and in any event by continuing to use our Website and sell tickets via our Website you will be bound by the terms and conditions of this Agreement.
1.2 Modification. If we decide to amend, alter or otherwise change the terms of the Agreement, we shall notify you by posting a revised version of the Agreement on the Website and emailing you at your registered email address. Such new agreement will automatically take effect and replace the terms of this Agreement. Your continued use of the Website 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, immediately remove any of your ticket listings from the Website and do not continue to use the Website.
1.3 About Us. GET ME IN! Ltd is a limited liability company registered in England and Wales. We can be reached at 0843(###) ###-####or +44 0161(###) ###-####(Int’l). Alternatively you can reach us http://www.getmein.com/contactus.html. We are not a box office or event promoter.
2 BECOMING A SELLING MEMBER
2.1 Requirements. To be entitled to sell tickets or ticket packages via the Website and therefore become a Selling Member of GET ME IN! you must agree to accept the terms and conditions of this Agreement and must have a valid credit or debit card that we approve and accept. It is in GET ME IN's absolute discretion to decide if you qualify (or continue to be qualified) as a Selling Member.
2.2 User Name and Password. On becoming a Selling Member of GET ME IN! you will be provided with a user name and password ***** access your personal account on the Website and use the services contained therein. You are solely responsible for maintaining the security of your username and password ***** for all activity that occurs on your personal account under your username and password.
2.3 Reachable. The Selling Member agrees to be reachable by telephone during normal business hours. It is Selling Member's duty to respond to all enquiries from GET ME IN! in relation to ticket or ticket packages the Selling Member has listed for sale on the Website by telephone and/or email in a prompt and timely manner. Selling Member recognises that in order to facilitate an efficient marketplace for live event tickets, certain enquiries and disputes need to be resolved quickly, particularly in the cases of upcoming events. Selling Member therefore agrees to respond to all enquiries specifically related to orders placed for tickets it has listed for sale on the Website from GET ME IN! within 24 hours or by the specified deadline provided in writing via email or post. Failure to do so may result in a default credit/refund at the expense of the Selling Member. The Selling Member shall handle the management of their account in a reasonable and cooperative manner. If any abusive or threatening behaviour is reported, GET ME IN! reserves the right to terminate its business relationship with the Selling Member with immediate effect and without notice to the Selling Member.
2.4 Business Sellers. If you are selling tickets as a business you are required to declare this under the ‘my account’ tab. You will need to tick the ‘business seller’ box and provide accurate business name and contact details.
3 LISTING PROCESS
3.1 Listing Tickets as a Selling Member. Approved Selling Members of GET ME IN! may list tickets for sale on the Website. As part of the listing process, the Selling Member must assign a price to the tickets and provide information such as the event, date, section,, and row. Further instructions and requirements on listing items can be found once logged in on the Website. By placing a ticket for sale on the Website you are offering to sell that particular ticket to a Buyer for the price assigned to it by you. If Buyer accepts the offer for sale of that ticket, you are contractually bound to supply that ticket to them.
3.2 Marketplace. Please note that GET ME IN! provides an open market place through which tickets may be purchased or sold by our Buyers and Selling Members. We do not take ownership of any tickets listed by You and We are therefore not party to any contracts that arise when tickets are sold and purchased via the Website. Please also note that there is no guarantee given by GET ME IN! (or otherwise) that your tickets will sell and, in the event that they do not sell, GET ME IN! will not be responsible for their purchase.
3.3 Ticket Description. For each ticket You list for sale on the Website, you agree to provide full and accurate details of the section and row which is printed on the tickets for sale. For Standing or General Admission tickets you agree to describe them as 'General Admission'. You agree to describe the tickets listed for sale on the Website in the most honest and non-misleading manner.
In the event you cannot locate the correct section under which to list your tickets you agree to contact GET ME IN! for resolution before listing your tickets for sale. If a listing is deemed to be misleading then you agree that any associated orders may be declared void, and you will be liable for any charges incurred due to refunded or replacement tickets.
3.4 Seating Arrangements. All tickets listed in a single listing must be seated together.
3.5 Restricted View or other restrictions. You are required to provide any additional information which is printed on the tickets related to restricted view, family section, no alcohol permitted, concessions, etc.
3.6 Guaranteed Ticket Fulfillment. Once you offer to sell a particular listing of tickets and a Buyer accepts the offer for sale of that ticket, you are contractually bound to supply that ticket to the applicable Buyer. Ticket listings are a legal representation of actual seat location and other details relevant to the tickets. You will be charged either (i) a replacement fee (see Section 7 below) or (ii) 150% of the value of the transaction (to cover any FanGuard guarantee payments which GET ME IN! is required to make as a result of your failure to deliver tickets), by GET ME IN! if you list tickets for sale and those exact tickets are not available or are not delivered.
In the event that you are unable to supply tickets you are required to contact the Seller Support Team for further instructions. The Selling Member agrees not to dispatch alternate tickets from those ordered by the Buyer without first contacting the GET ME IN! Seller Support Team. Failure to supply tickets as listed may result in a charge to the Selling Member.
If we are informed by a Buyer that incorrect tickets have been received then the Selling Member agrees to dispatch the correct tickets no later than 10 business days before the event date, except in the case where the event is within 2 weeks of the ticket delivery date. If the event is within 2 weeks of the delivery of incorrect tickets then the Selling Member agrees to send out the correct tickets within 48 working hours of receipt of the returned tickets to GETMEIN! Additionally the Selling Member will be liable to a £20.00 administrative fee to rectify the error made on incorrect ticket dispatch.
3.7 Accurate Pricing. Ticket market prices are volatile and can change on an hourly basis at times. With this in mind, the Selling Member accepts full responsibility for maintaining current prices on the Website of its tickets. No matter what the price or circumstances, the Selling Member agrees to fulfill the order at the price agreed at the time the Buyer accepts the offer for sale. For this reason it is essential that you maintain up-to-date and accurate prices at all times. It is Your responsibility to ensure that the details You provide in relation to tickets that You list for sale on the Website are full and accurate. If You have listed prices of a ticket incorrectly and it is, in our reasonable opinion, that the price you provided was an error then we may try and resolve the issue with the applicable Buyer providing you notify us of the error within 48 hours of the sale confirmation email. However, you must take full responsibility for any errors you make in listing tickets for sale as once a Buyer purchases tickets via the Website a legal contract is made. If you list a ticket price incorrectly and subsequently fail to provide tickets to the Buyer then we shall be entitled to charge you 150% of the value of the transaction made by that Buyer for Your tickets.
3.8 Taxes. You are responsible for including all taxes, including Value Added Tax (VAT) and any other taxes required on your listings, in the prices you list on Our Websites. If in doubt, please seek advice of a tax expert to determine which taxes you are required to collect from Buyers.
3.9 Indemnity. It is the responsibility of the Selling Member to provide full and accurate details of tickets it wishes to list for sale on the Website. Failure to provide full and accurate details (including without limitation seat location details and the price) may lead to GET ME IN! or applicable Buyers suffering loss or damage and You agree to indemnify and hold harmless GET ME IN! and applicable Buyers from and against all losses, liabilities, damages, fines, expenses and costs arising out of or in connection with Your failure to provide full and accurate details of tickets that You list for sale on the Website.
4 SELL PROCESS
4.1 Confirmed Orders. When we receive an order from a Buyer for tickets that you have listed we will inform you via email. A confirmation email will be sent to the Selling Member's indicated email address, and in some cases we may inform the Selling Member by telephone. The confirmation email contains instructions on how to deliver and complete the order. You cannot amend or remove a ticket listing, description, or price once the offer for sale of a ticket has been accepted by a Buyer. It is your responsibility to ensure that you provide Us with Your correct email address for correspondence as you shall still be liable and bound by the contract with the Buyer whether or not You receive a confirmation from Us.
4.2 Pending Orders. In certain cases, we may require additional fraud checks with respect to an order and will inform you that an order is pending but undergoing fraud checks. In such circumstances, We will subsequently inform you that the order has either been approved/confirmed or cancelled. You cannot amend or remove a ticket listing, description, or price once the order has been marked as ‘pending’ until we inform you that the order is otherwise cancelled due to failing fraud checks.
4.3 Cancellations. If an event for which you sell tickets via the Website is cancelled and not re-scheduled then You agree to refund the amount paid by the applicable Buyer for those tickets provided that the Buyer returns the original tickets to You (via Us) in good time for You to obtain a full face value refund from the promoter or organiser of the applicable event. If you are notified of any changes to the event and/or tickets (including, without limitation, where alternative seats have been provided instead of the original seats), you shall immediately notify GET ME IN! of any such changes and where applicable, provide full details of the alternative seats. GET ME IN! will endeavor to then contact your buyer to advise of the changes however we reserve the right to discount or cancel the order at our discretion. Whilst we try to ensure the accuracy of orders, sometimes technical errors may occur. In the event that a technical error has resulted in an incorrect order GETMEIN! will notify you within 48 hours, and the order will be cancelled to allow you to relist your tickets.
In rare circumstances GET ME IN! may be required to cancel and refund a confirmed order if payment is recalled by the associated bank. Where possible we will contact you to advise you of the cancellation and allow you the option to relist your tickets.
5 DELIVERY PROCESS
5.1 Delivery. The Selling Member agrees to deliver the exact ticket inventory ordered by a Buyer from the Seller via the Website. The Selling Member accepts ultimate responsibility for secure and timely delivery of the tickets and agrees to ship via the specified delivery method and to insure the delivery. Please be aware that although box office collection is allowed at specific venues, it is at the sole discretion of GET ME IN! to permit such an arrangement for the Buyer.
The Selling Member agrees to dispatch tickets with a valid returns address displayed on the envelope (i.e. GET ME IN! PO Box address). The Selling Member also accepts ultimate responsibility for deliveries that go missing or arrive after the event time or date or too close prior to the event time or date that it is not reasonably practicable for the Buyer to attend. The Selling Member accepts that if any item dispatched by the Royal Mail Special Delivery or Saturday Guaranteed Delivery is lost or delayed, the Selling Member is responsible for the submission of relevant claim forms to the Royal Mail, and liable for the full costs of any refund issued to the Buyer. The Selling Member agrees to deliver tickets to Buyers within 24 hours if tickets are on-hand, or within 24 hours of those tickets becoming available, not including weekends and holidays. In any event, the Selling Member guarantees to deliver tickets to the applicable Buyer in good time prior to the event date (this date to be agreed with GET ME IN! when late dispatch is inevitable). The Selling Member agrees that tickets should be dispatched by 12pm, 5 working days prior to the event date (unless otherwise stated in writing by GET ME IN!). If the Selling Member fails to provide a valid tracking number and is not contactable by this deadline (as defined in section 2.3 of this agreement,) then they agree that their order will be void, and they shall be liable for any costs incurred as a result of refunding of the order or the sourcing of replacement tickets. The Selling Member agrees to dispatch the tickets as ordered by the applicable buyer. In the event that incorrect tickets are dispatched in error, we must be informed within 48 hours of dispatch in order to attempt a resolution. We are unable to deal with mistakes or errors notified to us after 48 hours of the date of dispatch. If the Selling Member fails to deliver tickets to the applicable Buyer in good time prior to the event date (whether due to its own default, act or omission or the default, act or omission of any third party, including without limitation any third party delivery company) it shall be liable to the Buyer and shall refund the Buyer (via Us) the price paid for the Buyer for such tickets plus and additional fifty per cent (50%). The Selling Member agrees that should they choose to dispatch tickets on an order where the status is set to ‘dropped’, or which they have been notified as being ‘dropped’, we shall in no way be liable for return of those tickets or any costs incurred from purchase or dispatch of these tickets.
5.2 Customer Loyalty. The Selling Member agrees to "blind drop ship" all tickets to Buyers and in doing so will not include any invoice, letterhead, business cards or materials other than those specifically instructed by GET ME IN! to provide.
5.3 Organised Records. The Selling Member agrees to maintain organised records and receipts of all delivery slips and tracking numbers from Royal Mail, UPS, FedEx, or the selected delivery service. Where required, all relevant tracking information must be entered into the “My account” section of the Website. Failure to do so may result in the order being cancelled and replacement tickets being purchased at the Selling Member's expense.
5.4 System Update on Delivery. When the Selling Member dispatches tickets to the Buyer, the Selling Member agrees to follow all steps outlined on the Website including entering accurate tracking number information. Please note that in the case of dispatch via UPS it is the Selling Member’s responsibility to ensure that the airway bill is scanned by UPS on pickup. If you wish to dispatch by Royal Mail Special Delivery, please ensure you have contacted the Seller Support team to complete the order by confirming the dispatch and tracking number. Please note that failure to complete the order can result in delayed payment. If an amendment to the chosen delivery method is required, the Selling Member agrees to contact Seller Support for authorisation of any change prior to dispatch. GET ME IN! shall not be held liable for any costs incurred where delivery changes have not been authorised, or where tracking numbers have not been correctly provided.
5.5 Missed Pickup. The Selling Member agrees to cooperate with GET ME IN! delivery processes. If a pickup is scheduled and confirmed with the Selling Member, and the Selling Member is unavailable at the scheduled time, resulting in a pickup cancellation or re-booking, the Selling Member may be charged Missed Pickup fees.
6 PAYMENT PROCESS
6.1 Payment to Sellers. GET ME IN! will make payment to Selling Members once tickets have been received by Buyers AND the applicable event to which the tickets relate has taken place. This is necessary to provide a safe and trusted marketplace. GET ME IN! endeavours to make payments to Sellers 7 to 10 working days after the event but in some cases may take up to one calendar month after the event to which the applicable tickets relate has taken place.
7 FEES AND CHARGES
7.1 Replacement Fees. Replacement Fees. You will be charged a replacement fee by GET ME IN! if a Buyer accepts your offer for sale and those exact tickets are not available or are not delivered to the Buyer. The replacement fee will depend on how much it costs us to purchase comparable or better replacement tickets for the Buyer and can be significantly higher than your original listing price.
7.2 Refunds. In the event of (i) a non-delivery of a ticket, and where in such circumstances GET ME IN! is unable to purchase or supply replacement tickets on behalf of the Selling Member; or (ii) the tickets delivered to a Buyer are not those which were advertised for sale by the Selling Member on the Website, the Buyer is entitled to a full refund of their entire purchase at GET ME IN! (including GET ME IN! fees and delivery charges) as well as an additional 50% credit towards a future purchase. This refund and credit will be at the expense of the Selling Member. If the Selling Member fails to deliver tickets to a Buyer and GET ME IN! sources replacement tickets which are subsequently deemed (in the reasonable opinion of GET ME IN!) not equal to or better than those which were originally intended to be supplied by the Selling Member, the Buyer may be entitled to a full refund of their entire purchase at GET ME IN! (including GET ME IN! fees and delivery charges) as well as an additional 50% credit towards a future purchase. This refund and credit will again be at the expense of the Selling Member.
We agree that, where the Selling Member fails to deliver or provide tickets to a Buyer, to use all reasonable endeavours to source tickets that are (in GET ME IN!’s reasonable opinion) equal to or better than those which were originally intended to be supplied by the Selling Member. The Selling Member shall however, be liable where a Buyer is not satisfied that substitute tickets (whether supplied by the Selling Member or sourced by GET ME IN! from an alternative supplier) are equal to or better than those which were originally intended to be supplied by the Selling Member.
7.3 Payment. In circumstances described in 3.6, 7.1 and 7.2, the Selling Member agrees that any amount payable by it pursuant to Clause 3.6, 7.1 and 7.2 together with a £10 administration fee (charged at GET ME IN’s discretion) may be debited by GET ME IN! from the credit or debit card on file. This may be deducted from outstanding payments, or recovered through other means also at GET ME IN's discretion.
7.4 Credit or Debit Card. The Selling Member agrees to provide a valid credit or debit card which will be kept on file by GET ME IN!. This credit or debit card information is held should GET ME IN! need to charge the replacement and/or failed delivery fee pursuant to Clause 7.1 and 7.2. If such credit or debit card becomes invalid we shall have the right at our discretion to suspend or terminate your account with immediate effect.
8 WARRANTIES & INDEMNITIES
8.1 Warranties. The Selling Member warrants to and for the benefit of GET ME IN!, the following:-
(A) All tickets listed by the Selling Member are:-
(i) either "on-hand" or already ordered and 100% guaranteed and available for immediate sale at the prices listed;
(ii) the property of the Selling Member or the Selling Member is authorised to sell such ticket (by law, contract or otherwise) and no third party rights (including any intellectual property rights) are infringed by the Selling Member in listing the ticket for sale via GET ME IN!;
(iii) not stolen, counterfeit or in any way contain fraudulent, inaccurate or misleading information;
(iV) not obtained through unauthorised framing of or linking to any website, or unauthorised use of any robot, spider or other automated device or any other illegal or unauthorised activity;
(v) not offered for sale in breach of any terms and conditions applicable to such ticket.
(B) In offering tickets for sale via GET ME IN! it is complying with all applicable laws, regulations and codes of practice including, but not limited to, consumer or other legislation which regulates the activities of secondary ticket agents;
(C) All information the Selling Member provides to GET ME IN! in respect of itself (when applying to become a Selling Member or at any time thereafter) is true and accurate in all respects.
8.2 Indemnities. The Selling Member undertakes as a continuing undertaking to indemnify and keep GET ME IN! fully indemnified against any liability, cost, loss, damage or expense incurred or suffered by GET ME IN! arising in respect of or as a consequence of a breach of any of the obligations, warranties or representations it provides in this Agreement.
8.3 Liability. We shall in no circumstances be liable to you for any indirect or consequential losses or any loss (whether direct or indirect) of profits, revenue, business, savings, goodwill or reputation arising out of your use of the Website, including without limitation from your sale of tickets or other goods or services. In respect of each transaction you make via the Website, our liability to you whether in contract, tort or otherwise shall be limited in aggregate to the total amount paid by you in relation to such transaction.
Nothing in this Agreement is intended nor shall it be construed as an attempt by any party to exclude or limit its liability for any liability which cannot be excluded or limited under applicable law, including without limitation its liability for death or personal injury caused by its negligence or for its fraudulent misrepresentation.
9 TERM AND TERMINATION
9.1 Term. Subject to 9.2, this Agreement shall commence on the date [you first list tickets for sale on the Website] OR [ the date We activate your account on the Website] and shall continue in force unless and until either party gives the other at least thirty (30) days notice in writing to terminate this Agreement.
9.2 Termination. Either party may terminate this Agreement immediately by giving written notice to the other if the other (i) commits a material or persistent breach of its obligations under this Agreement and, in the case of a breach which is capable or remedy, fails toremedy it after being given five (5) days written notice specifying the breach and requiring it to be remedied; or (ii) is unable to pay its debts, becomes subject to an administration order or makes any voluntary arrangement or composition with its creditors, or an encumbrancer takes possession of or a receiver is appointed over the property or assets of the other party or the other party is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction of the company or, in the case of an individual, is declared bankrupt.
GET ME IN! may terminate this Agreement immediately if, in its reasonable opinion, the Selling Member is involved or likely to be involved in any illegal activity.
GET ME IN! shall be entitled to suspend any Selling Member account for one calendar month or such longer term as determined by GET ME IN! in its discretion, if the Selling Member fails to fulfil any orders or otherwise breaches any of the terms of these Seller Terms. Failure to fulfil includes supplying tickets different to those originally advertised to the buyer without GET ME IN’s prior approval. If the Selling Member account is suspended three or more times in a calendar year, GET ME IN! shall be entitled to terminate this Agreement with immediate effect and without notice to the Selling Member.
9.3 Consequences of termination. Termination or expiry of this Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.
10 ADDITIONAL INFORMATION
10.2 Intellectual Property Rights. The content and software on the Website (including without limitation copyrights, trademarks, design rights, patents and other intellectual property rights) is the property of GET ME IN! and/or its suppliers and licensors and is fully protected by UK and international worldwide intellectual property laws. You may not without our permission reproduce, edit, publish or transmit any of the contents of this Website. . All rights in the trade mark and logo “GET ME IN!” are expressly reserved to GET ME IN! and all goodwill derived from use of the “GET ME IN!” trade mark or logo accrues to GET ME IN!
10.3 No agency. The Selling Member and GET ME IN! are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement and neither shall have any authority to bind the other in any way.
(A) 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.
(B) No failure or delay by GET ME IN! in exercising any of its rights under this Agreement should be deemed to be a waiver thereof and no waiver of a breach of a provision of this Agreement shall be deemed to be a waiver of any subsequent breach.
(C) You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of GET ME IN!, which we can refuse in our absolute discretion.
(D) 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.
(E) The subject heading 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.
(F) Any notices required or permitted to be given under this Agreement shall be in writing and sent by registered post addressed (i) if to GET ME IN!, to the registered office set out above and (ii) if to you to the Billing Address set out in your Selling Member profile.
(G) This Agreement shall be governed by and construed in accordance with the law of England and Wales and both parties agree to submit to the exclusive jurisdiction of the English Courts.