StubHub.co.uk User Agreement
Welcome to StubHub. This User Agreement ("Agreement") describes the terms on which StubHub offers you access to StubHub.co.uk and any of its sub-domains (our "Site") and StubHub services (collectively the "Services").
You understand and agree that: (a) if you reside in the U.K. or another country within the European Union this Agreement is a binding contract between you ("you" or "user") and StubHub Europe S.à.r.l., 22-24 Boulevard Royal, L-2449 Luxembourg; (b) If you reside within the United States, this is a binding contract between you and StubHub, Inc. and (c) if you reside in any other country, this is a binding contract between you and eBay International AG. If you are a seller, you understand and agree that in addition to contracting with one of the legal entities listed above at (a) - (c), you are also contracting with StubHub Services S.à.r.l. As used in this Agreement, each reference to "StubHub", "we" or "us" refers respectively to StubHub Europe S.à.r.l.; StubHub, Inc. or eBay International AG and if you are a seller, such reference also refers to StubHub Services S.à.r.l. This Agreement applies to your entire relationship with StubHub and all Services that StubHub provides.
This Agreement is effective on 28 March 2013 for all users. Use of the Site or Services after 28 March 2013 constitutes your acceptance of this Agreement. We may periodically make changes to this Agreement, which will be posted on the Site and effective thirty (30) days following posting for current users or immediately for new users.
1. Introduction. StubHub is a ticket marketplace that allows fans to buy and sell tickets at prices they agree upon.
You must have a valid payment card or PayPal account ("Payment Method") on file with us.
You may use the Site or Services to list, sell or purchase tickets only if you are able to form legally binding contracts, are 18 years old, and are not temporarily or indefinitely suspended from using our Site or Services.
1.2 Fees. Registration and listing tickets on the Site is free, but StubHub may, in its sole discretion, charge selling service, buyer service and delivery or fulfilment fees (collectively referred to as the "Fees"). Fees including any taxes, if applicable, will be disclosed to you prior to the finalisation of your purchase or listing of tickets for sale, or as set forth in the Top Seller Handbook. Unless otherwise stated, all fees are quoted in pounds sterling. You agree that we may issue you with invoices in electronic format by email.
2.1 Seller Responsibilities.
In Hand and Expected Delivery Dates. You agree to provide correct and accurate information about the tickets you list on the Site, including whether the tickets are in your physical possession ("In Hand") and, if not in your physical possession ("Not In Hand"), when you will be able to deliver them ("Expected Delivery Date") if they sell. You are responsible for fulfilling the sale of your tickets with the exact tickets you listed on the Site on or before the Expected Delivery Date. If your tickets haven't sold and the Expected Delivery Date changes, you may change the Expected Delivery Date without penalty. If your tickets have sold and you need to modify your Expected Delivery Date, you must do so in the manner and subject to the provisions set forth in section 2.1(b).
Piggyback seats. With the exception of "piggyback" seats (seats that are directly behind one another, are in two consecutive rows and have the same number of seats in each row), you agree and understand that if you are listing more than one ticket for sale, the seats for the tickets you are listing must be together (together means consecutive and adjacent). If you are listing "piggyback" seats, then you are required to tick the box designating the seats as "piggyback" when you list them.
Speculative Tickets. Speculative tickets or "spec tickets" are tickets that are listed for sale or sold before the seller actually owns the tickets. Listing or selling speculative tickets is not permitted. StubHub reserves the right, in its sole discretion, to remove your listing, cancel a sale, require you to deliver your tickets within a specific time after your tickets sell, issue you with a warning or temporarily or permanently suspend you from using StubHub's Site or Services if we suspect you of listing or selling speculative tickets.
Reporting an Issue.
Subject to the exceptions identified in section 2.1(b)(ii), you have forty-eight (48) hours from the time your tickets are sold to "Report an Issue" (i.e. report that you no longer have the exact tickets you listed for sale or you can no longer deliver your tickets on or before the Expected Delivery Date) without a monetary penalty. You can "Report an Issue" by following the "Report an Issue" link in your Sale Notification email or by clicking the "Report an Issue" link on the "Open sales" tab in My Account. If you do not Report an Issue within the time permitted above, you may be subject to being charged a replacement fee, other reasonable charges and/or other consequences, as specified in Section 5 - Consequences. When you Report an Issue, you understand and agree that your modification (including but not limited to, your modification to the Expected Delivery Date) may not be accepted and StubHub may, in its absolute and sole discretion, cancel the sale without further notice to you and not pay you for the sale. If you Report an Issue more than three (3) times within a twelve (12) month period, StubHub reserves the right, in its absolute and sole discretion, to issue you with a warning, or temporarily or permanently suspend you from using StubHub's Site or Services.
If (a) your tickets sell seventy-two (72) hours or less before the event is to take place, (b) you have listed Instant Download tickets or (c) your tickets are to be delivered via the StubHub Last Minute Service Centres (LMS), then you must deliver the exact tickets you listed for sale on or before the Expected Delivery Date without exception. You will not have the option to "Report an Issue". In these cases, it is still your obligation to inform customer service of any issue regarding your tickets by contacting Customer Service immediately. In the circumstances identified in this section 2.1(b)(ii), if you do not deliver the exact tickets you listed for sale or you do not deliver the tickets you sold on or before the Expected Delivery Date, whether or not you reported the issue within 48 hours of the notification of sale, you may be subject to being charged a replacement fee, other reasonable charges and/or other consequences as specified in Section 5 - Consequences.
Event Cancellations. If an event is cancelled, we will cancel the sale and you will not be paid. If you had already been paid for the sale, we will charge your Payment Method for the amount you received for the original sale or cancel pending payments (for other tickets you've sold).
Event Postponement. If an event is postponed or rescheduled, you are not permitted to resell those tickets or in any way invalidate or change a ticket to the postponed or rescheduled event. If you do, StubHub may charge your Payment Method for any costs StubHub incurs and/or you may be subject to other consequences as further specified in Section 5 - Consequences.
Instant Download Tickets. If you make your tickets available to buyers for Instant Download (by uploading them for sale) and then subsequently remove that listing, we are not responsible if you are, for any reason, unable to use your tickets due to technical reasons.
Payments. Sellers will receive their payments as set forth in the Top Seller Handbook. Other sellers will generally be sent their payments five to eight (5 to 8) business days (but it may be longer) following the event date. Payment receipt times will vary depending on the Payment Method.
3. Your relationship with us.
3.1 General. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
3.3 Recording Calls. You understand and agree that StubHub may, without further notice or warning and in its sole discretion, monitor or record telephone conversations you or anyone acting on your behalf has with StubHub or its agents for quality control and training purposes and for its own protection. You acknowledge and understand that, while your communications with StubHub may be overheard, monitored or recorded without further notice or warning, not all telephone lines or calls may be recorded by StubHub, and StubHub does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
3.4 Fraud Protection. In our effort to protect our Buyers and Sellers, we may screen ticket sales or listings for signs of fraud using algorithms or automated systems, which may result in automatic cancellation of sales or listings and temporary or permanent suspension of accounts. If your transaction is cancelled in error, or your account is suspended in error, please contact us and we may reinstate your account or listing, in our sole discretion.
4. Things we don't allow.
If you engage in any activity set forth in this section, you may be subject to any and all of the Consequences set forth in Section 5, in StubHub's sole discretion.
4.1 Offline Transactions. You agree not to use the StubHub Site or Services to (a) contact other StubHub users, (b) invite contact with other StubHub users or (c) solicit sales outside of StubHub. StubHub is not responsible for any damages or lost profits that result from StubHub users directly contacting other StubHub users or for any damages or lost profits resulting from transactions conducted outside of StubHub, including transactions that originate at StubHub and are taken offline, or transactions facilitated through the use of any StubHub social media outlet or other off Site communication.
4.2 Inappropriate Behaviour. You agree not to use abusive language or behave in an abusive manner to any StubHub employee or user. You also agree to behave appropriately and in compliance with venue standards of conduct at events for which you have purchased tickets through our Site or our Services.
4.3 Illegal Activity. You agree not to use this Site or the Services for unlawful purposes or in an unlawful manner. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site and Services and the listing, selling, buying and use of tickets. You agree to pay any and all taxes that may be due. You agree not to use or permit anyone to use information provided through the Site or our Services for any unlawful or unauthorised purpose. You agree not to register under a false name or use an invalid or unauthorised Payment Method. You agree not to copy, modify or distribute any content from the Site, including StubHub's copyrighted material, trademarks and other intellectual property and/or link to the Site without StubHub's prior written permission.
4.4 Double Listing and Removal of Tickets. To list a ticket for sale on the Site you must first register with the Site. Once a ticket is listed, we strongly discourage listing that ticket for sale elsewhere. If you do list your ticket for sale elsewhere and the ticket sells elsewhere or otherwise leaves your control after you list it, you must then immediately remove your ticket listing from StubHub. If you choose to list your ticket for Instant Download or with a StubHub Last Minute Service Centre, you agree to list your ticket for sale on the Site exclusively.
4.5 Stolen Property. The sale of stolen property on StubHub is strictly forbidden and illegal. StubHub 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 StubHub. Stolen property includes items taken from private individuals, as well as property taken without authorisation from companies or governments.
4.6 Promotional Materials. Buyers' names and addresses may be 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 or separately from such delivery. If you are a Seller, you agree not to include in your delivery to the Buyer any promotional or other commercial material that is not provided or approved by StubHub. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than StubHub, catalogues, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. You agree not to separately contact the Buyer at any time for any reason or represent to any Buyer that you are affiliated with, or a representative of, StubHub.
4.7 Misrepresentation of Tickets. You must accurately answer all questions asked during the listing for sale process, including whether the tickets are in your possession (In-Hand Date), and if Not In Hand, when you expect to receive them (Expected Delivery Date). You must not withhold any relevant information, whether or not we request it. Inaccurate presentation of ticket possession status, seat locations, quantity, quality or other information is not allowed.
5.1 Complaints and Customer Service Enquiries. We encourage users to reach out to us as soon as they have a problem by contacting Customer Service.
5.2 Investigations. We may investigate complaints and violations of our policies or the policies of venues, artists or teams. You agree to cooperate fully with such investigations, including without limitation, providing us with 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.
5.3 Violations, Suspension. We may take any action that we deem appropriate in our sole discretion including, without limitation, issuing a warning, temporarily or permanently suspending you from using the Site or Services, denying access, removing a listing or recommending you edit a listing if: (a) you breach this Agreement or any policy it incorporates by reference; (b) you are unwilling to cooperate with our investigation of a complaint or reported violation; (c) we are unable to verify or authenticate any information you provide; (d) you engage in an activity set forth in Section 4 of this Agreement or (e) we believe your conduct may cause legal liability for you, for other users or for StubHub. You agree that payments owing to you for sales made through this Site or through use of our Services may be suspended or delayed pending our investigation. StubHub is not obliged to pay you for any sales if we have a good faith basis to believe such sales were unlawful, in bad faith or otherwise made in violation of this Agreement.
5.4 Disclosure of Information. You agree that StubHub may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators or other relevant third parties. StubHub will cooperate to ensure that violators are prosecuted to the fullest extent of the law. StubHub will also respond to all enquiries initiated by governmental agencies or regulatory bodies or in response to court orders or as otherwise legally compelled.
5.5 Making Adjustments. If (a) a sale is cancelled for any reason; (b) you engage in an activity set forth in section 4 of this Agreement; (c) we reasonably believe that you have committed fraud or another illegal act or omission during any buying or selling activity; (d) subject to the exceptions set forth in Section 2.1(b), you are not able to produce the exact seats that you listed on the Site or deliver the tickets on or before the Expected Delivery Date or you otherwise fail to fulfil the sale of your tickets; (e) you deliver incorrect, misrepresented, invalid, fraudulent or counterfeit tickets for any sale or portion of a sale; (f) you resell, invalidate or change a ticket to a postponed event as set forth in section 2.1(d) or (g) you otherwise owe StubHub a specific amount, then you authorise StubHub to withhold payment or charge your Payment Method any amount you owe us and all reasonable costs StubHub incurs due to your conduct, including but not limited to, a late delivery fee, a reprinting fee, re-routing charges, the cost of replacement tickets, coupons, gift certificates, refunds and other reasonable costs required to compensate the Buyer or Seller for his or her bad experience. We may also first deduct any amount you owe us from any amount we owe you. Closing of accounts or opening and maintaining more than one account does not alter your total liability to us, and we may combine amounts due to us from multiple accounts.
6. We own the intellectual property rights to our Site and Services.
6.1 Ownership of Intellectual Property. You acknowledge and agree that (i) our patents, trademarks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual Property") are, and shall remain, our sole property, and (ii) nothing in this Agreement shall confer in you any right of ownership or licence rights to our Intellectual Property. In addition, you shall not now nor in the future contest the validity of StubHub's Intellectual Property.
6.2 Copyright. The software, the Site and/or our Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips and computer programs, are the property of StubHub or its suppliers, and are protected by national and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site or through our Services is the exclusive property of StubHub and protected by national and international copyright law. Any unauthorised reproduction, modification, distribution, transmission, republication, display or performance of the software or the content on the Site or through our Services is strictly prohibited.
7.1 User Content When providing us with content or posting content on StubHub's Site or through our Services ("User Content"), you grant us a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid up, sub-licensable (through multiple tiers) right and licence to use, reproduce, distribute (through multiple tiers), create derivative works from, publicly perform, display, store, digitally perform, make or deliver digital audio transmissions, encode, transcode, publish (online, on the Site, on any other website(s), as well as through mobile channels, and offline, in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialise User Content, or any portion thereof, in any manner and context, in any way, in any and all media now known or hereinafter developed and on any device(s), whether or not portable, wired or wireless, without limitation, throughout the universe, and without any compensation or acknowledgement to you or any third party.
You agree that the rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such User Content. You agree that StubHub is not under any obligation, whether of confidentiality, attribution or otherwise, and will not be liable for any use or disclosure of any User Content. You agree to waive your right to be identified as the author of User Content and your right to object to derogatory use or treatment of such User Content. If StubHub does decide, in its sole discretion, to attribute User Content to you, you hereby grant StubHub the right to use your name (and/or any user name), image, likeness and/or photo with respect to such attribution, and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name, image, likeness and/or photos. You further acknowledge that StubHub (a) is under no obligation to post, display or otherwise use any User Content, and (b) has no obligation whatsoever to provide you with any compensation for the use or display of your User Content or otherwise from the exercise of StubHub's rights granted under this Section, even if StubHub is compensated therefrom.
By submitting User Content you certify that you are eighteen (18) years old and have the right to submit the User Content and grant the licences provided hereunder.
You are prohibited from posting any libellous, obscene, defamatory, pornographic or other materials that would violate any laws. However, if such content is posted, StubHub will have no liability related to the content. You acknowledge and agree that StubHub has the right (but not the obligation) to monitor the User Content that you or third parties post, to alter or remove any such User Content, to disclose such User Content and the circumstances surrounding its transmission to any third party in order to operate the Site or our Services properly, to protect ourselves and third parties and to comply with legal obligations or governmental requests. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties.
You hereby agree not to initiate, support, maintain or authorise any action, claim or lawsuit against StubHub or its owners/operators, affiliates and/or licensors or any other person, on the grounds that any use of User Content, or any derivative works thereof, infringe any of your rights as creator of the User Content, including, without limitation, trademark rights, copyright, database right, design right (registered or unregistered), publicity rights, privacy rights and moral rights.
7.2 Contributions By submitting ideas, suggestions, documents and/or proposals ("Contributions") to StubHub, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) StubHub is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) StubHub shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media now known or later developed and throughout the universe; (d) StubHub may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of StubHub without any obligation of StubHub to you (f) StubHub is free to use any ideas, concepts or techniques that you send StubHub for any purpose, including but not limited to, developing and marketing products that incorporate such ideas, concepts or techniques and (g) you are not entitled to any compensation or reimbursement of any kind from StubHub under any circumstances.
7.3 Notice and Takedown Procedure It is not possible for StubHub to be aware of all of the material contained in User Content displayed and tickets listed on the Site. Accordingly, we operate and strictly enforce a notice and takedown procedure. If you find material on the Site which is defamatory of you or infringes your copyright or other intellectual property rights, please notify us immediately by contacting Customer Service. Please ensure that your notification contains your name and contact details and also sufficient details to enable us to investigate your complaint.
8. Your warranties to us.
You represent and warrant that any information you provide to us, to other users or to visitors (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; and (g) is not intended to circumvent or violate the letter and spirit of this Agreement and the lawful functioning of StubHub's ticket marketplace.
You warrant that you will comply with all applicable laws, statutes and regulations regarding use of the Site and Services, including without limitation, laws pertaining to the setting of the price of your tickets. You acknowledge that StubHub does not monitor or obtain the face value or total amount paid by the Seller of tickets listed on the Site.
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and/or warrant that: (i) you own, or have the necessary licences, rights, consents and permissions to the User Content and to grant the rights and licences to StubHub under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all User Content in the manner contemplated in this Agreement; and (ii) you have the written consent, release and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person.
Your breach of these warranties may subject you to the Consequences set forth in Section 5.
9.1 No Warranty. Except for the express warranties stated in this Agreement, StubHub provides the Site and Services on an "as is" basis and "as available" basis without any warranties of any kind. StubHub makes no warranty with respect to its software, any tickets, any event, the Services StubHub provides, or that Sellers or Buyers will perform as promised, and to the fullest extent permitted by law StubHub expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of satisfactory quality, title, non-infringement of third-party rights or fitness for purpose. This warranty disclaimer affects your legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. 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.
9.2 Tax and Tax Indemnity. You agree that StubHub is not responsible in any way for the payment of taxes such as VAT, GST, sales, stadium, entertainment, amusement, admission and any other taxes whatsoever, etc. (hereinafter, "Taxes") to any entity on your behalf. You as a seller are responsible for determining whether any Taxes are due on your sale of the ticket, and for collecting such Taxes, which should be included in the price you select for tickets you sell. You shall indemnify and hold StubHub and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys', solicitors', barristers' and other such legal fees) incurred by StubHub that arise out of any third party or governmental claim that involves, relates to or concerns any applicable Tax obligation or amounts due or owing under any Tax regulation, law or statute.
9.3 Change or Suspension of Site. StubHub reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services or any part of the Site or Services 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 Site or Services, which may be interfered with by numerous factors outside of our control. StubHub is never, for any reason, responsible for tickets listed on the site that do not sell, including tickets that remain unsold during a full or partial Site outage.
9.4 Regular Maintenance. When a Seller lists tickets on StubHub, the listing is generally available for purchase within 15 minutes of posting the listing, but it may take longer than 15 minutes for the listing to appear on the Site after posting. For example, during website maintenance or high website activity, a listing may take longer than 15 minutes to appear on the Site. StubHub is not responsible for unsold tickets resulting from listing delays. StubHub also performs regularly-scheduled maintenance and designs our work to avoid customer impact. During maintenance periods, the Site or our Services may be temporarily unavailable. StubHub is not responsible for unsold tickets resulting from Site or Service maintenance.
9.5 Sale of Tickets. StubHub does not provide any guarantee that your tickets will sell and will not provide any compensation for tickets that do not sell on our Site or through our Services.
9.6 User Tools. StubHub and its related and affiliated companies may, in their discretion, make available additional buyer and seller tools, applications and services, including but not limited to seller listing tools, bulk upload tools, seller inventory management tools and software programs, database services, developer tools, mobile applications and APIs (collectively, referred to as the "User Tools"). To the extent that you use any User Tools, then you agree that:
your use of the User Tools is governed by, and conditional upon your compliance with, the terms of this Agreement;
you will pay all fees and applicable taxes associated with your use of the User Tools, to the extent that any fees and taxes apply;
the User Tools are provided on an "as is" basis, and to the maximum extent permitted by law, StubHub and its related and affiliated companies do not make any representations or warranties with respect to the User Tools;
StubHub does not guarantee that the User Tools will be made available twenty-four (24) hours per day, or that they will operate securely, without interruption or free of errors;
StubHub and its related and affiliated companies may discontinue the provision of some or all of the User Tools at any time in its/their sole discretion, and to the maximum extent permitted by law, without liability to you;
StubHub is not granting you any rights (including, without limitation, intellectual property rights) by making available to you the User Tools;
10. Legal Disputes.
If a dispute arises between you and StubHub, we strongly encourage you to first contact Customer Service. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of England and Wales. You and StubHub both agree to submit to the non-exclusive jurisdiction of the English Courts.
In simple terms, "non-exclusive jurisdiction of the English courts" means that if you were able to bring a claim arising from or in connection with this Agreement against us in Court, an acceptable court would be a court located in England, but you may also elect to bring a claim in the court of another country instead. English law will apply in all cases.
10.1 Limitation of Liability. You will not hold StubHub responsible for other users' content, actions or inactions, including without limitation the listing and/or selling of tickets in violation of local, national or international laws. StubHub is a marketplace for fans to buy and sell tickets. While we may help facilitate the resolution of disputes through our FanProtectTM Guarantee, we have no control over and do not guarantee the accuracy, quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of Sellers to sell items, the ability of Buyers to pay for items or that a Buyer or Seller will actually complete a transaction.
Except as set forth in our FanProtectTM Guarantee, we exclude all implied warranties, terms and conditions. We are not liable for any economic loss, loss of profits, goodwill or reputation, or any special, indirect or consequential losses arising, directly or indirectly, out of your use of or your inability to use our Site and Services. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total Fees you paid to us in the twelve (12) months prior to the action giving rise to the liability, and (b) £200 GBP.
10.2 Release. StubHub acts as a marketplace only to bring Buyers and Sellers together to list, sell and purchase tickets from one another. Sellers set ticket prices and those prices may be higher or lower than the face value of the tickets. In all cases, selling tickets as well as delivering tickets that are sold are transactions between Buyers and Sellers. The fulfilment of ticket sales, including delivery of tickets, is the responsibility of the Seller. If you have a dispute with one or more registered users, as a Buyer or Seller, you release StubHub 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.
10.3 Indemnity. You agree to indemnify and hold StubHub and (if applicable) any parent, subsidiaries, affiliates, officers, directors, solicitors, agents, employees, licensors and suppliers (the "StubHub Indemnitees") harmless against any claim or demand and all liabilities, costs and expenses (including reasonable solicitors' fees) incurred by StubHub and (if applicable) any StubHub Indemnitee 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 or pertaining to the Services, including but not limited to your breach of this Agreement, your violation of any law or the rights of a third party and/or arising out of User Content you submit, post, transmit, modify or otherwise make available through the StubHub Site or Services.
10.4 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. StubHub may assign or transfer this Agreement at any time. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of StubHub, 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 permitted successors and assigns. 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.
Supplementary Terms and Conditions for Sellers on StubHub.co.uk
These are the supplementary terms and conditions for the use of the StubHub.co.uk website and all of the subdomains belonging to this domain as sellers ("StubHub Seller Terms"). The StubHub Seller Terms apply in addition to the StubHub.co.uk User Agreement ("Agreement"). The terminology used in these StubHub Seller Terms has the same meaning as in the Agreement unless otherwise defined in these StubHub Seller Terms.
When users sell tickets via StubHub's Site and Services (hereinafter in this capacity: "Sellers"), with respect to the handling of such sales in accordance with these StubHub Seller Terms, Sellers will be contracting, regardless of Sellers' place of residence or business, with:
- StubHub Services S.à.r.l.
- 22-24 Boulevard Royal
- L-2449 Luxembourg(StubHub Services)
These terms and condition take effect on 28 March 2013.
1. Description of Performance, Subject Matter
1.1 The StubHub Site is a marketplace on which event tickets can be listed, sold and purchased by users that have registered a user account as long as their listing, sale or purchase does not violate statutory law, the Agreement or StubHub policies.
1.2 For the handling of the transactions concluded on StubHub, Sellers sell their claims against StubHub buyers who buy tickets from them ("Buyers") to StubHub Services and assign them to StubHub Services ("Claim Purchase") as set out in Clause 3. The payment of the purchase price and the indicated delivery costs by Buyers shall be rendered in such cases to StubHub Services by means of the Payment Methods accepted by StubHub Services. As for the purchase price for the Claim Purchase, StubHub Services will begin the process of paying the gross value of the respective claim sold to StubHub Services to Sellers, less StubHub Fees, (hereinafter: "Net Payment Value") after receipt of the full and timely payment by Buyers and the expiry of five to eight (5 to 8) business days after the Event for which tickets were purchased. Accrual of interest to the benefit of the Seller will not take place. Claims of a Seller due to default of StubHub Services remain unaffected. Details concerning the due date and pay out to Sellers are set out in Clause 5, below.
1.3 StubHub Services offers buyer protection as described in the FanProtectTM Guarantee for all transactions carried out on StubHub for which payment is rendered to StubHub Services, regardless of the Payment Method selected by the Buyer. The FanProtectTM Guarantee applies when a Buyer reports tickets that have not been received in time for the event, tickets that are invalid or tickets that are not the same or better than those ordered, or an event has been cancelled and not rescheduled (hereinafter: "StubHub Guarantee Case"). If StubHub Services decides on a StubHub Guarantee Case in favour of the Buyer, StubHub Services reserves the right not to pay out the Net Payment Value of the claim sold to StubHub Services or to pay only a part of it to the Seller or to assert appropriate opposing rights as set out in Clause 7. The FanProtectTM Guarantee is an essential part of these StubHub Seller Terms.
1.4 Sellers bear sole responsibility for non-delivery, wrong delivery, poor delivery or other defects in connection with performance and delivery of their items to Buyers. They are liable towards Buyers for all defects in accordance with the provisions of statutory law and, if applicable, contractual agreements entered into with Buyers.
2. Conclusion of Contract, Duration, Termination
2.1 The term of these StubHub Seller Terms begins on the date on which the Seller accepts these StubHub Seller Terms or offers tickets for sale on StubHub for the first time. These StubHub Seller Terms are concluded for an indefinite period, subject to termination.
2.2 The Seller may terminate the StubHub Seller Terms at any time by closing his or her StubHub Seller account. StubHub Services may terminate these StubHub Seller Terms with a notice period of fourteen (14) days effective at the end of a calendar month. If there are still outstanding Claim Purchases at the time notice of termination is given, they will still be handled pursuant to these StubHub Seller Terms after the termination has become effective.
2.3 This does not have any effect on the right of both parties to terminate these StubHub Seller Terms for good cause. In particular, StubHub Services has the right to terminate the Agreement for good cause if justified StubHub Guarantee Cases as described under Clause 6 are repeatedly filed, if justified chargebacks as described under Clause 7 occur repeatedly or if the Seller's StubHub account has been permanently suspended as described in Consequences, Section 5 of the Agreement.
2.4 A valid termination of the user or user account pursuant to Section 5 of the Agreement by StubHub, StubHub Services or the Seller automatically brings about the termination of these StubHub Seller Terms when the termination of the Agreement comes into effect.
3. Sale and Assignment of Seller's Claims Against Buyers
3.1 The Seller hereby sells the Net Payment Value of all present and future claims against Buyers, which are immediately due and to which the Seller is entitled based on sales via the StubHub website to StubHub Services and assigns such claims to StubHub Services in each case when they arise. StubHub Services hereby accepts such sale and assignment. This does not apply to claims based on sales of prohibited items as set out in Section 4 of the Agreement.
3.2 As long as StubHub Services is the proprietor of the claim sold and assigned to StubHub Services pursuant to the aforementioned provisions in this Clause 3, the Seller is prohibited from requesting the Buyer to pay the Net Payment Value in whole or in part not to StubHub Services but to the Seller or any other third party.
4. Delivery of Items
4.1 As soon as StubHub Services has informed the Seller of the full receipt of payment from the Buyer, the Seller is obliged to deliver the tickets via the agreed upon delivery method without delay and in accordance with Section 2.1 of the Agreement and Additional Policies.
4.2 Sellers are obliged to deliver tickets by the means they agreed to in the StubHub listing process and maintain proof of such delivery.
5. Payouts, Due Date for Payouts
5.1 StubHub Services will pay out the Net Payment Value of each claim sold and assigned pursuant to Clause 3 to the Seller via the payout method selected by the Seller conditional on Clauses 5.3 and 5.4, as soon as the Buyer has paid the claim in full and five to eight (5 to 8) business days after the event has passed, and in due time and the other prerequisites for payout pursuant to Clause 5.2 are satisfied. This does not have any effect on the rights set out in Clauses 6 and 7.
5.2 StubHub Services is entitled to withhold one or more payouts temporarily if:
The buyer opens a StubHub Guarantee Case for the tickets or transactions in question based on unreceived tickets or tickets that are not the same or better than those ordered (see Clause 6).
There is a chargeback of the payment by the Buyer's payment service provider (see Clause 7).
There are concrete indications that one of the two cases referred to under (a) and (b) will soon occur.
5.3 If a payout for the tickets in question has already been made, StubHub Services is also entitled to withhold payouts that StubHub Services has received from other sales of the Seller's up to the amount of the claim in question. StubHub Services will review the facts of the case in accordance with Clauses 6 and 7 and render the payout of the withheld amounts without undue delay after the case has been resolved if the Seller's payout claim is justified.
5.4 In addition, StubHub Services is entitled to withhold one or more payout amounts temporarily, taking the Seller's legitimate interests into account, if the Seller has been restricted in or temporarily or permanently suspended from using the Site or Services in accordance with Clause 4 of the Agreement and it is necessary to withhold the amounts for the protection of the Buyer, other StubHub Buyers or other third parties. StubHub Services will review the facts of the case diligently and render the payout of the withheld amounts without undue delay after the case has been resolved if the Seller's payout claim is justified.
5.5 The Seller may be paid via PayPal.
StubHub reserves the right to alter the available Payment Methods and/or to introduce new Payment Methods at any time.
6. StubHub Guarantee Cases, Refunds to Buyers in Disputed Cases, Set-Off Right
6.1 If a Buyer opens a StubHub Guarantee Case under the StubHub FanProtectTM Guarantee because the Buyer reports tickets that have not been received in time for the event, tickets that are invalid or tickets that are not the same or better than those ordered, the Seller is obliged to provide to StubHub Services all information and documentation required for the further processing and resolving of the StubHub Guarantee Case upon request and within the set deadline. If the Seller does not provide such proof at the request of StubHub Services, StubHub Services will decide on the StubHub Guarantee Case to the benefit of the Buyer and proceed as set out in Clause 6.2. Otherwise, StubHub Services will pay out any amount withheld pursuant to Clause 5.3 to the Seller.
6.2 If StubHub Services decides on the StubHub Guarantee Case in accordance with the rules set out in the FanProtectTM Guarantee in favour of the Buyer, StubHub Services will have the Buyer's relevant rights and claims against the Seller assigned to StubHub Services and will reserve the right to assert such rights and claims against the Seller by setting them off against current or future payment claims of the Seller against StubHub Services.
6.3 If the Seller declares during a StubHub Guarantee Case that the Buyer should be refunded, StubHub Services will refund the Buyer and set off the amount against current or future payout claims of the Seller against StubHub Services.
7. Chargebacks by the Buyer's Payment Service Provider, Indemnification, Set-Off Right
7.1 If a payment made to StubHub Services is subject to a chargeback by the Buyer's payment service provider, the Seller will be obliged upon request to provide all information and documents required for the further processing and resolution of the case to StubHub Services within a reasonable deadline set by StubHub Services.
7.2 These reasons for a chargeback by the payment service provider can come under consideration:
Chargebacks initiated by the holder of a payment card (hereinafter: "Account Holder") because of an unauthorised payment (e.g. by the unauthorised use of the Account Holder's account or payment card information)
Chargebacks based on FanProtectTM Guarantee claims within the framework of a buyer protection programme offered by the payment service provider itself.
7.3 If a chargeback is based on the fact that the Buyer has communicated to his payment service provider that he has not received the order or that the Account Holder has reported an unauthorised payment (e.g. through an unauthorised use of the Account Holder's account or payment card information) to his payment service provider, the Seller is obliged to prove that the tickets have been delivered. If the Seller is unable to prove that the tickets have been delivered, he or she will indemnify StubHub Services in full from a chargeback of the purchase price and the delivery costs by the payment service provider. StubHub Services reserves the right to assert this indemnification claim by way of a set-off against current or future payment claims of the Seller's against StubHub Services. StubHub Services may also recover other reasonable costs outlined in Clause 5 of the Agreement – Consequences.
8. Exercise of Rights by Third Parties, Assumption of Contract
8.1 To perform the contract and exercise the rights to which StubHub Services is entitled pursuant to this contract, StubHub Services may avail itself of other enterprises.
8.2 StubHub Services shall be entitled upon four (4) weeks' notice to transfer its rights and duties from this contractual relation to a third party in whole or in part. In such event, the Seller shall be entitled to terminate the contract according to Clause 2 at any time.
9. Limitation of Liability
9.1 StubHub Services is liable under statutory law for intent and gross negligence of StubHub Services, its legal representatives, executive employees or other vicarious agents. The same applies in the event of a negligent act resulting in death, injury or damage to health. StubHub Services is liable on the merits for breaches of material contractual duties, thus such duties the performance of which the member usually relies on and may rely on for the proper performance of the contract, caused by the simple negligence of StubHub Services, its legal representatives, executive employees and simple vicarious agents, but in this case limited in terms of amount to the typical, foreseeable damage.
9.2 Any further liability of StubHub Services is excluded.
9.3 Where the liability of StubHub Services is excluded or limited, this applies to the benefit of the personal liability of its legal representatives, executive employees and simple vicarious agents as well.