FANPASS: TERMS AND CONDITIONS FOR REGISTERED USERS

These terms and conditions for registered users (together with the documents, information and policies referred to in these terms and conditions) (‘Terms and Conditions’) set out the legal terms that apply to your use as a registered user of our website, Fanpass and any of its sub-domains and any other Fanpass websites, mobile device applications or desktop applications operated by us or on our behalf (together, the ‘Websites’ and ‘Website’ being a reference to any one of them) and the other services that we provide (the ‘Services’).

Please read these Terms and Conditions carefully and make sure that you understand them before registering for a Fanpass account and using the Services. By registering for a Fanpass account or using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to register for a Fanpass account or use the Services. If you continue with the registration process, we will take this as your acceptance of these Terms and Conditions.

1. Understanding these Terms and Conditions

1.1 Definitions. When we refer to ‘we’, ‘us’ or ‘our’, we mean Fanpass. Where we refer to ‘you’ or ‘your’ we mean you, the person using the Services. Where we refer to the ‘Buyer’, we mean the registered user who purchases ticket(s) via the Website. Where we refer to the ‘Seller’, we mean the registered user who lists ticket(s) for sale via the Website. Where we refer to the ‘Sales Contract’, we mean the contract between the Buyer and the Seller for the purchase/sale of ticket(s) which incorporates these Terms and Conditions – we are not a party to the Sales Contract and Buyers are not purchasing the tickets directly from us.

1.2 Interpretation. We have used headings to help you understand these Terms and Conditions and to easily locate information. We recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check regularly, and each time you use the Services, to ensure you understand the legal terms which apply at that time).

1.3 Others terms. These Terms and Conditions refer to the following additional terms, which also apply to you:

• 1.3.1 Our Privacy Policy. We only use your personal information in accordance with our Privacy Policy. Please take the time to read this carefully, as it includes important information about how we collect and use your data. By using the Website, you consent to the use of your data as described in our Privacy Policy and you warrant that all data provided by you is accurate.
• 1.3.2 Our Website Terms of Use. Our Website Terms of Use also apply to your use of the Website.

2. About us

2.1 Who are we? We are Mozaic DMCC (trading as Fanpass). We are a company registered in Dubai, United Arab Emirates and our address is at Unit No: 848, DMCC Business Center, Jellewery & Gemplex 3, Dubai, United Arab Emirates. Our registered company number is 844585.

2.2 Contract for the purchase of tickets. We provide the Services to you through the Website. Further details of the Services we provide are set out in sections below. When you purchase tickets using the Website, you are purchasing them directly from the Seller(s). It is important that you understand that the contract for the purchase of tickets is between you and the relevant Seller(s). We are acting as agent on behalf of the Sellers, which are the principals. You are not purchasing tickets from us. We are authorised by the relevant Sellers to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the tickets from us. Further details about the tickets, the Sellers and the contract between you and the Sellers in relation to your purchase of the tickets are set out in sections below.

3. Fanpass Services

3.1 Services we provide. The Services we offer allow Buyers to purchase, and Sellers to list and sell tickets to events. As part of the Services, we try to ensure the buying/selling process is as easy as possible (e.g. by providing services such as customer service assistance and payment processing). The contract for the purchase of tickets is between the relevant Buyer and the relevant Seller. This means that it is the Seller (not us) who is legally responsible for selling the tickets.

3.2 Our fees. We charge the fees which are displayed on our Website, which may include ticket price, delivery fee, handling fee and any other related fees for the good run of Fanpass services.

4. 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.

5. User name 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.

6. Buying tickets

6.1 Ticket information. Ticket information is provided to us by the Sellers (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error free. Please contact our customer service team if you would like more information about a ticket. Ticket listings are a representation of actual seat location. Tickets may be substituted by Fanpass or replacement sellers with comparable or better seat locations shall the seller fails to provide the tickets ordered.

6.2 Eligibility. To place an order, you must be over 18 years of age and possess a valid credit or debit card. By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds in the account to cover the cost of your order. You must not use the Services to buy, or place an order, for tickets to events if doing so would breach any applicable law in the territory where you are located.

6.3 Order process and checkout. The Website allows you to check your order and correct any errors before completing a purchase. Please check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate. By completing the checkout process and placing an order, you are offering to purchase the ticket(s) from the relevant Seller (and not directly from us).

6.4 Currency. You agree to purchase your tickets in the currency selected by Fanpass or the seller. Conversion are only an estimation and we are not responsible of any exchange rate or any other fees applied by your payment provider.

6.5 Confirmation of order. When you place an order, you will receive an email confirming we have received your order. This email is only an acknowledgement for information purposes and it does not constitute acceptance of your order by the Seller. We reserve the right not to submit your order to the Seller, and the Seller reserve the right not to accept your order (for example, the tickets may have been withdrawn or may otherwise be unavailable), or if we are unable to obtain authorisation for your payment or if you do not meet the eligibility criteria.

6.6 Pricing and availability. Whilst we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Sellers, there may be cases where errors occur. If we discover an error in the price of any tickets that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Seller, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order might be treated as cancelled. Please note, selling prices for tickets traded on Fanpass may differ from their original ‘face value’ (i.e. the price it is sold for on the primary market).

6.7 Acceptance of order. The confirmation email will include a description of the tickets purchased in the order. Only those tickets listed in the confirmation email are included in the contract between you and the Seller.

6.8 Delivery. Fanpass is not responsible for any wrong information regarding the delivery information provided or if a delivery is refused by the receiver. In this case, Fanpass will not offer a refund. We attempt to ensure all tickets are delivered in time for the event, time scale permitting. We also may require a venue collection from sellers or box-office collection – and this for any ticket type purchased. In this case, Fanpass will NOT charges you for the delivery cost and this for local shipment.

6.9 Sales Contract. An order for the tickets is subject to these Terms and Conditions which are incorporated into the Sales Contract between you and the relevant Seller. All orders are subject to availability, which is determined by the relevant Seller. After entering into the Sales Contract with the Seller, the Seller will be under a legal duty to supply you with tickets that are in conformity with those described on the Website – except for the ticket type that can change at any time. Risk will pass to you when it is delivered (either electronically or to the address specified when placing the order).

Tickets may be substituted by Fanpass or sellers with comparable or better seat locations shall the seller fails to provide the tickets ordered. You agree that your information will be passed on to any relevant parties (e.g. your seller) in the purpose of contacting you in regards to the good delivery/reception of your tickets or any subject related to your order.

6.10 Taxes. Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Seller outside of your territory, you may need to pay import duties upon receipt of the tickets. If they are not included, neither we nor the Seller have any control over these charges and we cannot advise on their amount. You will be responsible for payment of any such import duties and taxes that are not included.

6.11 Payment. When you submit your order, we carry out a standard pre-authorisation check on your payment card on behalf of the relevant Seller, and tickets will not be dispatched until the details you have provided are verified. Once we have verified your payment details and the Seller has accepted and approved your order, we will email you to inform you of this. In the event that we or the Seller encounters a problem when processing your order, we will contact you and may possibly request further information to try and resolve the issue.

7. Delivery/collection of tickets

7.1 Delivery/collection method. The delivery/collection method applicable to the tickets you have ordered is specified on the Website. Please make sure there is sufficient time for delivery/collection before the event. We are not liable if the ticket(s) fail to reach you in time, unless the reason for the delay is our breach of these Terms and Condition or our negligence.

Please note that all tickets type for your order can change at any time – depending on the event organizer. Therefor your tickets delivery method can also change at any time to match your tickets type and this does not constitute a reason for a refund or cancellation. In some circumstances, tickets delivery can occur until event day few hours before the event – which does not constitute a reason for a refund or cancellation.

7.2 Collection of physical tickets at the venue. Where applicable, the Seller is responsible for providing the information necessary for the tickets to be collected at the venue by you. This means that it is the Seller (not us) who is legally responsible for making the appropriate arrangements and/or providing you with the relevant information.

7.3 Collection of physical tickets directly from the Seller. Where applicable, the Buyer and Seller shall arrange a suitable time and place for collection of physical tickets. We are not involved in the arrangement process.

7.4 Delivery of physical tickets by courier.

• 7.4.1 Delivery costs are not included in the ticket price and may be charged in addition. The delivery costs will vary depending on the tickets that you have ordered and your delivery address.
• 7.4.2 The Seller (and not us) is responsible for arranging the tickets to be delivered to you. Delivery times may vary depending on your delivery address. Delivery times, including for “same day” delivery, are estimates only and cannot be guaranteed. The ticket(s) may arrive in multiple deliveries and at different times.
• 7.4.3 In certain circumstances the delivery provider may provide you with optional services when delivering your tickets, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbour, reception or security: re-directing the delivery to a neighbour, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; and/or (d) re-directing to a collection point: collecting your package from a collection point nearby. By selecting any of these services, including through any default preferences you may have selected with the delivery provider separately, you acknowledge and agree that neither we nor the Seller shall bear responsibility or liability for any loss or damage that may result from delivering your order in that way.
• 7.4.4 Details of the countries we deliver to can be found on our Website. There are restrictions on some international destinations, so please review the information on that page carefully before placing an order. If you purchase tickets for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the package reaches that destination. Please see section 8 for more information on duties and taxes. You must comply with all applicable laws and regulations of the country for which the tickets are destined. We will not be liable or responsible if you breach any such laws.

8. Issues and refunds

Cancelations and refunds. All sales and purchases are final. No refunds, cancellations or exchanges will be issued without Fanpass approval. No refund will be issued for date or time changes, partial performances, or lost/damaged tickets.

8.1 Mis-described ticket(s). If a ticket you have purchased is not as described, please contact us within 48 hours of your tickets reception (and in any event within 72 hours of the event having occurred) and we will liaise with the Seller on your behalf. Where reasonably practicable, we may try to help you find alternative ticket(s) from another Seller. Tickets may be substituted by Fanpass or replacement sellers with comparable or better seat locations shall the seller fails to provide the tickets ordered. Otherwise, you will receive a full or partial refund once the ticket is confirmed by us as having been mis-described or not as equivalent or comparable.

8.2 Buyer refused entry at the venue. If you have been refused entry at the venue please contact us within 48 hours after the event with evidence of refusal (e.g. your stamped ticket / note from the organizer on event day). You will receive a full refund once we have confirmed that you were refused entry. If you have insufficient evidence of refusal, no refund can be granted and the order will remains valid. We may also ask for additional evidence that you have been able to physically attend the event – before granting any refund.

We are also not responsible of any refusal entry should you attempt to attend an event by not respecting the event organizer specific rules or any specific country rules or laws applicable where the event takes place.

As per we are a reselling marketplace, the names displayed on the tickets could be different that the ones provided for your order. However this does not constitute a reason for any cancellation/refund.

8.3 Reporting issues within 72 hours. You agree that you shall report any issues / complaints to us within 72 hours of the event having occurred. If you do not, you shall lose any right to obtain or request a refund.

8.4 Delivery. Fanpass is not responsible for any wrong information regarding the delivery information provided or if a delivery is refused by the receiver. In this case, Fanpass will not offer a refund. We attempt to ensure all tickets are delivered in time for the event, time scale permitting. We also may require a venue collection from sellers or box-office collection – and this for any ticket type purchased. In this case, Fanpass will NOT charges you for the delivery cost and this for local shipment.

8.5 Every refund – if agreed – may be proceeded without the handling fees of the transaction which means that every users agreed that if refund agreed, this service fees is strictly non refundable. Some refund may be subject to currencies changes / rates : Fanpass is not responsible for any losses causes by the currencies on the refund.

8.6 We are a marketplace acting between sellers and buyers, meaning that the price can be above, equal or under face value of the tickets. This does not constitute a reason for complaints or refunds.

8.7 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. Fanpass is not responsible for partial performances, venue, line-up or date and time changes. No refunds will be issued in these instances.

8.8 Cancellation. If an event is cancelled and not rescheduled, we will remove the event and any listings related to the event from our Site and inform both Buyer and Seller about the cancellation with further instructions. If the Seller requires his Ticket(s) back to obtain a refund of the original purchase price from the promoter or organizer, he must contact Customer Service immediately after the cancellation. The Buyer is required to retain the Ticket(s) and upon request from Fanpass to send them back to either the Seller or to Fanpass (as instructed by us). The Buyer will receive a full refund or credit for use on a future purchase, as determined in Fanpass sole discretion (unless a refund is required by law) once he has sent back the Ticket(s) (if applicable) and the Seller will not be paid. If the Seller has already been paid, the payment for the sale may be recovered by charging the Seller’s Payment Method or by setting off this amount against pending payments for other Tickets the Seller has sold or will sell in the future.

8.9 Postponement. If your event has been postponed or rescheduled, this means that it will still happen but on a different day than originally planned. Therefore, your ticket and order remain valid for the new date. If an event is postponed, Fanpass will work with Buyers and Sellers on a case-by-case basis attempting to resolve any Ticket issues. Sellers are prohibited from reselling, invalidating or changing Tickets for postponed events. Refunds will not be issued for postponed events, unless they are ultimately cancelled as stated in clause 8.8.

9. Listing and selling tickets

9.1 Listing tickets. Each time you list one or more tickets for sale on the Website:

• 9.1.1 You appoint us as your agent and authorise us to do all things necessary or desirable (as determined by us) to: list and promote the tickets on the Website; negotiate and conclude contracts for the sale of the tickets to the relevant Buyer; invoice the relevant Buyer and collect payment; provide customer support services; refund the relevant Buyer if the ticket(s) fail to conform to the Sales Contract.
• 9.1.2 You shall provide us with complete and accurate information about the tickets and all other information requested by us.
• 9.1.3 You shall ensure the description and listing of the ticket(s) complies with all applicable laws.
• 9.1.4 You must provide a valid credit or debit card

9.2 Setting the ticket price. Although we may provide you with assistance (e.g. by suggesting a price, or providing trends and insight), ticket prices are set by you. You may adjust the ticket prices via the Website at any time until an order has been accepted. We may however, at our discretion, choose to run promotional campaigns or discount offers, the terms of which shall be decided by us. Ticket prices are exclusive of applicable taxes and duties.

9.3 Accepting an order for the sale of tickets. You agree that:

• 9.3.1 We, or our authorised provider, will charge the Buyer at the time the order for ticket(s) is accepted.
• 9.3.2 If you fail to accept a Buyer’s offer to purchase ticket(s) within 24 hours, you shall pay a ‘failure to confirm’ penalty fee.
• 9.3.3 We may refund the Buyer in accordance with the Sales Contract.
• 9.3.4 Unless we have agreed to collect the ticket(s) from you for delivery to the Buyer (for an additional fee), you are responsible for ensuring the tickets are delivered to the Buyer in good time for the event.
• 9.3.5 Unless agree otherwise, you shall be responsible to provide the tickets matching your listings. If not, Fanpass will be responsible for replacing comparable tickets to your buyer in accordance to our replacement policies and you shall pay any ‘replacement’ penalties fee to us. If no replacement is possible, Fanpass will refund the buyer and you shall pay any ‘failure to provide’ penalties fee to us.
• 9.3.6 All listings must be adjacent seats. If you are selling more than 4 tickets, all tickets must be provided at least by pairs in the exact same location. You must create separate listings if you are not able to provide tickets with consecutive seats. Fanpass shall have the right to cancel any sales that does not abide by these rules or goes against our selling terms.
• 9.3.7 We shall pay your sales, minus our fees or any applicable penalties, to the bank account per default available on your Fanpass account at the time when the payout is processed. We are not responsible for any incorrect information and you are solely responsible to make sure all information are updated in due time.
• 9.3.8 We will remit the payment(s) due to you within 7 to 10 days after the event. We are not liable for any conversion in exchange rates or any applicable fees applied from your bank. We are also not liable if you cannot be paid for any failure in providing necessary KYC documentations requested for the validation of your account.
• 9.3.9 The Payment Services provided by Fanpass Services are only available in certain countries and territories. You can only receive and transfer funds in certain currencies. Fanpass may modify the supported countries, territories and currencies at any time.
• 9.3.10 Fanpass Services reserves the right to automatically transfer any released Payments to your Associated Payment Account if they remain on your Fanpass Account for longer than 6 months.
• 9.3.11 We assume no liability for any acts or omissions of the Buyer or any third party.
• 9.3.12 All applicable penalties fees for the non respect of our selling terms shall be recouped by withholding payment from other sales, or by charging your Payment Method.

9.4 Delivery. The method depends on the tickets type and it may change at any time depending on the event issuer. You must however provide the most accurate information when choosing your ticket type. Tickets must be delivered to the buyer no later than the delivery deadline communicated to the seller by Fanpass via their communication channels (account, email, phone, ect.).

9.5 Making adjustment. If (1) a sale is cancelled for any reason; (2) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; (3) you leave a sale unconfirmed for more than 24 hours; (4) subject to some exceptions, you aren’t able to deliver the exact seats that you listed on the Site or send the tickets (and related passes if any) on or before the Must Delivery By Date or you otherwise fail to fulfil the sale of your tickets or related passes; (5) you send incorrect, misrepresented, invalid, fraudulent or counterfeit tickets or related passes for any sale or portion of a sale; (6) You otherwise owe Fanpass a specific amount; or (7) You otherwise breach this Agreement or owe Us a specific amount, then you authorize Fanpass to withhold payment or charge your Payment Method any amount you owe us and all costs Fanpass incurs due to your conduct, including but not limited to, a late shipment fee or late delivery fee, reprinting fee, shipping re-routing charges, the cost of replacement tickets or related passes, coupons, gift certificates, refunds, and other costs required. 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.

9.6 Once a ticket is posted, we strongly discourage posting that ticket for sale elsewhere. If you do post your ticket for sale on other marketplaces, you are required to remove your ticket from the site immediately if your ticket sells elsewhere. Except as provided herein, you agree not to promote the sale of tickets posted on Fanpass through any other site.

9.7 Use of the Services. The Services are not aimed at Sellers located in any territory where it would be unlawful to sell, or offer for sale, tickets on the Website. You must not use the Services to sell, or offer for sale, tickets to events if doing so would breach any applicable law in the territory where you are located.

9.8 No Trading allowed : You agree that – unless agreed with Fanpass – there is no permission to trade if you are a company registered and not authorized in reselling tickets. Also, If you are suspected of purchasing tickets on Fanpass in the sole purpose to resell them elsewhere or to provide your own client, we reserve the right to cancel your orders/sales without refunding you and you may be subject to admin fees.

10. Payment

10.1 Payment. The seller will be paid 7-10 working days after the event if delivery of the tickets was successful to the buyer. We have the right to withhold payment or collect repayment if the event was re-scheduled or cancelled or if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement. You instruct, authorize and empower Fanpass to share information about you with third party service providers to render its fraud detection procedures more efficient so that Fanpass can provide a safe and reliable environment for your use of the Payment Services, as well as for identity verification, creditworthiness and solvency checking purposes.

10.2 We may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. Fanpass, or the collection agency it retains, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information Fanpass reported to a credit bureau, please contact us. If you wish to dispute the information a collection agency reported, contact the collection agency directly.

10.3 You are obliged to notify Fanpass without undue delay after becoming aware of any unauthorized or incorrectly executed payment transactions by contacting our customer service. In the instance of you receiving an incorrect amount due, Fanpass will notify within reasonable delay of the issue and will either (1) be able to recoup this incorrect amount transferred on all others future payment due for future sales; amount incorrectly due will be accounted as ‘paid in advance for sales’ (2) in the instance of the amount due is not available on your account, you will be accounted to refund Fanpass for the total amount incorrectly executed. Fanpass is not liable for any unauthorized or incorrectly executed payment transactions in case the transaction was affected by abnormal and unforeseeable circumstances beyond Fanpass control, despite Fanpass’ reasonable precautions or where Fanpass acted in accordance with a legal obligation.

10.4 Fanpass is not liable for a refund or losses incurred by an incorrectly or non-executed payment transaction if the details of the Associated Payment Account provided by you were incorrect or Fanpass can prove that the full amount of the payment transaction was duly received by the payment service provider of your Associated Payment Account.

10.5 Fanpass reserves the right to temporarily or permanently suspend your Fanpass account, to delay or refuse payment transactions to and from your Fanpass account, or otherwise restrict its functionality if:

• (1) Required by law or court order or if otherwise required by any regulatory or governmental authority, body or agency having jurisdiction over us;
• (2) Required to fulfill our legal obligations in relation to the fight against money laundering and financing of terrorism;
• (3) There is suspicion of unauthorized or fraudulent access to or use of your Fanpass account or that any of its security features have been compromised;
• (4) Fanpass has reasonable grounds to believe you are carrying out a prohibited or illegal activity.

11. Reversals and Disputes

11.1 If a payment is subject to a reversal or disputes by the Buyer or the Buyer’s payment service provider, you must provide Fanpass with all requested information and documents needed to investigate the case within a reasonable timeframe set by Fanpass.

11.2 If a reversal or chargeback occurs because the Buyer reported not receiving the tickets or reported unauthorized use of their payment account or credit card information to their payment service provider, and Fanpass cannot verify the delivery of the tickets, you must prove that the tickets were delivered. If you cannot prove delivery, Fanpass will not be responsible for the losses from the reversal or dispute of the payment. If a payment subject to a reversal or dispute has already been released, Fanpass reserves the right to offset this amount against other pending or future payments from Buyers before crediting them to your Fanpass account.

11.3 If Fanpass determines that you are experiencing an excessive number of reversals or disputes, Fanpass reserves the right to take measures to mitigate the risk. These measures may include (1) introducing limits on payment transactions or withdrawals on your Fanpass account, (2) requiring you to maintain a reserve on your Fanpass account, or (3) terminating or blocking your Fanpass account.

12. Investigation

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 / receipt of a ticket, and the price you paid for a ticket.

13. 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 we are 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.

14. Paying Taxes

You agree that Fanpass is not responsible in any way for the accuracy or suitability of any payment of any applicable taxes on your behalf. We do not collect taxes on any sales. As a seller, you are responsible for collecting and remitting any and all applicable international, national, federal, state, or municipal taxes in connection with ticket sales.

It is your responsibility to determine what, if any, taxes apply to the Payments you receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority.

15. Indemnity

You agree to indemnify and hold Fanpass and (if applicable) any parent, subsidiaries, affiliates, officers, directors, solicitors, agents and employees, harmless against all liabilities, costs and expenses (including reasonable solicitors’ fees) incurred by FanPass and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, solicitors and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site.

16. No warranty

Except for the express warranties stated in this agreement, we provide the software, site and services on an “as is” basis and “as available” basis without any warranties of any kind. We make no warranty with respect to the software, tickets, events, and services provided on the Site, or that sellers or buyers will perform as promised, and We expressly disclaim 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.

17. Waiver of Consequential Damages; Liability Limit

We expressly disclaim 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. Our liability to you or anyone else in any circumstance is limited to the total value of all tickets and other items you bought and/or sold via the Site 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 we are liable for any additional costs You incur if you purchase tickets from a third party for tickets you were unable to purchase on the Site.

18. No agency

You and We are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.

19. Seller shall not include promotional materials with tickets

You agree not to include in your delivery to the Buyer any promotional or other commercial material that is not provided or approved by Us. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than Fanpass, 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.

20. Account Deletion / Data Deletion

Login to your Fanpass account;

1. Go to your account. Click on “account” in the contextual menu.
2. Then click on Settings.
3. Then in the Section “DELETE YOUR ACCOUNT” , Click on the button “Delete”.
4. A popup will ask for confirmation.

Once this is confirmed, your account and your personal data will be removed from our database.

Accounts on this site and all user’s data can be deleted by the user, either:

• By following the steps set out in Account deletion, above. Or,
• By emailing us at contact@fanpass.co.uk to request data deletion.

21. Stripe Connected Account Agreement 

Stripe Connected Account Agreement : Payment processing services for sellers and buyers on The Site are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a account holder on The Site, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of The Site enabling payment processing services through Stripe, you agree to provide The Site accurate and complete information about you and your business, and you authorize The Site to share it and transaction information related to your use of the payment processing services provided by Stripe.

KYC Validation can be required at any time during the use of our service. At no point Fanpass will share any personal documentation. KYC validation is a mandatory regulation and in the sole purpose to validate your account to continue using our service.

22. Other important information

22.1 Updates to these Terms and Conditions. We may change or supplement these Terms and Conditions from time to time, at our sole discretion. Where we do so, we will use commercially reasonable business efforts to provide notice to you of any such changes. Within ten (10) business days of posting changes to these Terms and Conditions (or ten (10) business days from the date of notice, if such notice is provided), they will be binding on you. If you do not agree with the changes, you must not use the Services. If you continue to use the Services after such ten (10) business day period, you will be deemed to have accepted the changes to these Terms and Conditions.

22.2 Severability. Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.

22.3 Waiver. If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.

22.4 Events outside of our control. We and the Sellers will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control. An event outside of our control means any act or event beyond our or the Sellers reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, pandemics, epidemics, Government action or failure of public or private telecommunications or transport networks.

22.5 Complaints. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

22.6 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 Fanpass 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.

22.7 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.

22.8 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 Fanpass is not responsible for the acts or omissions of users on the Site.

22.9 Disclosure of information. You agree that we may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. We will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

22.10 Stolen Property. The sale of stolen property on Fanpass is strictly forbidden and violates local, country and international law. Fanpass 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 the Site. Stolen property includes items taken from private individuals, as well as property taken without authorisation from companies or governments.

22.11 Governing Law and jurisdiction. Anything related to your order, use of the Websites or these Terms and Conditions are governed by UAE law.

22.12 Entire agreement. These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.

Thank you for using Fanpass!