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}); } </script> <script> window.location.hash = "EU"; </script> <div class='terms-navbar-container'> <div class='terms-navbar'> <div> See Terms for </div> <select class='terms-navbar-select'> <option value='NA'> US/Canada </option> <option value='EUNEW'> EU/EEA and other countries </option> <option value='ANZ'> Australia and New Zealand </option> </select> </div> </div> <div class='section toc'> <div class='content container'> <div class='containerize containerize-na'> <h1> TERMS AND CONDITIONS </h1> <hr> <div class='terms-na'> <h1> <a class='us-terms' name='NA'> Universe User Agreement - US/Canada </a> </h1> <h2> COVID-19 WARNING: </h2> An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers. <h3> <ol type='A'> <li> <a href='#NA-A'> Introduction and Key Terms </a> </li> <li> <a href='#NA-B'> Registration and Your Account </a> </li> <li> <a href='#NA-C'> Terms and Conditions – Listing and Selling Tickets </a> </li> <li> <a href='#NA-D'> Terms and Conditions – Buying Tickets </a> </li> <li> <a href='#NA-E'> General Terms and Conditions </a> </li> <li> <a href='#NA-F'> Jurisdiction-Specific Contacts </a> </li> </ol> <br> </h3> <h2> <a name='NA-A'>A.</a> Introduction and Key Terms </h2> <ul> <li> THIS AGREEMENT AND THESE TERMS AND CONDITIONS <ul> <li> This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services. </li> <li> Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16. </li> <li> Please note: <ul> <li> Universe does not routinely screen the content of any Listing or its suitability for individual Users; </li> <li> Universe does not own or set the Sale Price of any Tickets; </li> <li> Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason; </li> <li> Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk; </li> <li> Universe is not an event organiser or promoter; </li> <li> Universe provides an online platform to facilitate the sale and purchase of Tickets; and </li> <li> Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case. </li> </ul> </li> <li> Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the <a href='https://www.universe.com/terms-of-use'> Universe Terms of Use </a>, <a href='https://www.universe.com/privacy'>Privacy Policy </a> and <a href='https://www.universe.com/cookies'> Cookie Policy </a> carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services. </li> <li> Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted. </li> <li> About Universe: Universe Experiences Inc. is a company registered in Canada. </li> <li> Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out <a href='https://www.universe.com/help'>Universe’s FAQs</a>. </li> <li> Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account. </li> <li> While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old. </li> </ul> </li> </ul> <h2> <a name='NA-B'>B.</a> Registration, Your Account and User Content </h2> <ul> <li> REGISTRATION <ul> <li> Registration: In order to set up a Listing or buy Tickets using the Universe Services you must: <ul> <li> be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and </li> <li> set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. </li> </ul> </li> <li> You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site. </li> </ul> </li> </ul> <ul> <li> YOUR ACCOUNT <ul> <li> Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason. </li> <li> Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity). </li> <li> Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks. </li> <li> Privacy Policy: Please refer to the <a href='https://www.universe.com/privacy'>Universe Privacy Policy </a> and the <a href='https://www.universe.com/cookies'> Cookie Policy </a> for more details on how we use and protect your Universe Account Information. </li> <li> International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy. </li> </ul> </li> </ul> <ul> <li> USER CONTENT <ul> <li> User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings. </li> <li> User Content Warranties: In relation to your User Content, you represent and warrant that: <ul> <li> you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use; </li> <li> you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement; </li> <li> Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights; </li> <li> your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable; </li> <li> Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and </li> <li> to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate. </li> </ul> </li> <li> User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement. </li> <li> Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content. </li> <li> For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers. </li> </ul> </li> </ul> <h2> <a name='NA-C'>C.</a> Terms and Conditions – Listing and Selling Tickets </h2> <ul> <li> CREATING A LISTING <ul> <li> Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible. </li> <li> Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed. </li> <li> Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller. </li> <li> Listing Description: The Seller must provide all the Event information in the Listing, including: <ul> <li> the location of the Event; </li> <li> the name of the Event and performer(s) (if relevant); </li> <li> the date of the Event; </li> <li> the name and address of the Venue; </li> <li> the type of Ticket (e.g. seated, standing, timed entry, etc.); </li> <li> the Sale Price of each Ticket; </li> <li> whether or not the Service Charge is included in the Sale Price or not; </li> <li> whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details; </li> <li> the refund policy, if any; </li> <li> any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.); </li> <li> if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below); </li> <li> any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and </li> <li> any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales). </li> </ul> </li> <li> Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations. </li> <li> Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates: <ul> <li> relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing; </li> <li> include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers; </li> <li> if booked, will be honoured, unless otherwise agreed with the Buyer; </li> <li> do not infringe any third party rights (including intellectual property rights); </li> <li> are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party; </li> <li> do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website; </li> <li> do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services. </li> <li> are not defamatory, abusive, threatening or obscene; </li> <li> are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise; </li> <li> do not attempt to solicit any Users to use a third party service that competes with the Universe Services; </li> <li> do not breach any applicable law or regulation, including those associated with making charity donations; </li> <li> do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data; </li> <li> cannot be construed to be associated with any terrorist organisations; and </li> <li> do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. </li> </ul> </li> <li> VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. </li> <li> Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event. </li> <li> Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services. </li> <li> No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility. </li> </ul> </li> </ul> <ul> <li> SALE OF TICKETS <ul> <li> Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at <a href='https://universesupport.zendesk.com/hc/en-us/articles/360002387731-Payment-processing-preferences'>Payment Processing Preferences</a>. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale. </li> <li> Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled. </li> <li> Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process. </li> <li> Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event. </li> <li> Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement. </li> </ul> </li> </ul> <ul> <li> UNIVERSE PAYMENTS <ul> <li> Universe Payments: Universe Payments is the default payment option which is available to Sellers. </li> <li> Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller. </li> <li> Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times. </li> <li> Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request. </li> <li> Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at <a href="mailto:support@universe.com">support@universe.com</a> with such request. </li> <li> Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent. </li> <li> Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment. </li> <li> Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe. </li> </ul> </li> </ul> <ul> <li> STRIPE PAYMENTS <ul> <li> Stripe Payments: By setting up a Stripe Connect account via the <a href='https://stripe.com/'>Stripe website</a>, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account. </li> <li> Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe. </li> <li> Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller. </li> </ul> </li> </ul> <ul> <li> PAYMENTS <ul> <li> Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions. </li> <li> Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. </li> <li> Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event. </li> </ul> </li> </ul> <ul> <li> USE AND COLLECTION OF DATA BY SELLERS <ul> <li> Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. </li> <li> Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller. </li> <li> Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement. </li> </ul> </li> </ul> <ul> <li> ENFORCEMENT ACTION AGAINST SELLERS <ul> <li> Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time. </li> </ul> </li> </ul> <h2> <a name='NA-C'>D.</a> Terms and Conditions – Buying Tickets </h2> <ul> <li> PRICE AND PAYMENT <ul> <li> Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place. </li> <li> Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include: <ul> <li> the Sale Price; </li> <li> the Service Charge (if applicable); and </li> <li> any other charges included by the Seller. </li> </ul> </li> <li> Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion. </li> <li> Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate. </li> <li> Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken. </li> <li> Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket. </li> <li> Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged. </li> <li> Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets. </li> <li> After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe. </li> <li> Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings. </li> <li> Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout. </li> </ul> </li> </ul> <ul> <li> CANCELLATION AND REFUNDS <ul> <li> Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event. </li> <li> Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable. </li> <li> Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. </li> <li> Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds. </li> <li> Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event. </li> </ul> </li> </ul> <ul> <li> ENFORCEMENT ACTION AGAINST BUYERS <ul> <li> Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if: <ul> <li> Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or </li> <li> Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or </li> <li> a breach of the terms of this Agreement occurs. </li> </ul> </li> </ul> </li> </ul> <h2> <a name='NA-E'>E.</a> General Terms and Conditions </h2> <ul> <li> DEFINITIONS AND INTERPRETATION <ul> <li> In this Agreement: <ul> <li> “Account” means the account set up by you to use the Universe Services. </li> <li> “Agreement” means these terms and conditions, the <a href='https://www.universe.com/terms-of-use'>Terms of Use</a>, the <a href='https://www.universe.com/privacy'> Universe Privacy Policy </a>, the <a href='https://www.universe.com/cookies'> Cookie Policy </a> and any other instructions or terms and conditions made available to you. </li> <li> “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services. </li> <li> “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law. </li> <li> “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services. </li> <li> “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users. </li> <li> “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. </li> <li> “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event. </li> <li> “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed. </li> <li> “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process. </li> <li> “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller. </li> <li> “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate. </li> <li> “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by <a herf='https://stripe.com/'>Stripe.</a> </li> <li> “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome. </li> <li> “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event. </li> <li> “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s). </li> <li> “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2. </li> <li> “Universe Account Information” means the personal data you upload when registering your Account. </li> <li> “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement. </li> <li> “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe. </li> <li> “Venue” means any site, facility or location where an Event is held. </li> <li> “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website. </li> </ul> </li> <li> Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. </li> <li> Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation. </li> </ul> </li> </ul> <ul> <li> AGREEMENT TERM AND TERMINATION <ul> <li> Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe. </li> <li> Termination by Universe: Universe may terminate this Agreement if: <ul> <li> any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account; </li> <li> Universe suspects any unauthorised use of your Account and/or the Universe Services; </li> <li> Universe suspects any fraudulent activity or other illegal activity relating to your Account; </li> <li> you otherwise breach the terms of this Agreement; </li> <li> Universe is ordered to do so by any legal or regulatory authority; </li> <li> you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or </li> <li> Universe provides you with 30 days’ written notice of termination, at Universe’s election. </li> </ul> </li> <li> Termination by You: You may cancel your Account at any time via the <a href="https://www.universe.com/dashboard/settings">Cancel Account</a> feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services. </li> <li> Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination. </li> </ul> </li> </ul> <ul> <li> LICENSES <ul> <li> User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement. </li> <li> User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement. </li> <li> Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information. </li> </ul> </li> </ul> <ul> <li> UNIVERSE SERVICE RULES <ul> <li> Rules: In connection with your use of the Universe Services, you may not and you agree that you will not: <ul> <li> breach any local, state, provincial, national, or other law or regulation, or any order of a court; </li> <li> infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; </li> <li> interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; </li> <li> use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services; </li> <li> "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services); </li> <li> submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party; </li> <li> submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; </li> <li> register for more than one Account or register for an Account on behalf of an individual other than yourself; </li> <li> recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval; </li> <li> impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company; </li> <li> use automated scripts to collect information or otherwise interact with the Universe Services; </li> <li> use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing; </li> <li> as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour; </li> <li> use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent; </li> <li> access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers; </li> <li> attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures; </li> <li> avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon; </li> <li> attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services; </li> <li> reproduce or scan Tickets in a format or medium different from that provided by the Website; </li> <li> use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or </li> <li> advocate, encourage, or assist any third party in doing any of the foregoing. </li> </ul> </li> <li> Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you. </li> </ul> </li> </ul> <ul> <li> WARRANTIES AND INDEMNITIES <ul> <li> True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services. </li> <li> Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts. </li> <li> Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe. </li> <li> General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses. </li> </ul> </li> </ul> <ul> <li> DISCLAIMERS <ul> <li> Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our <a href="https://universesupport.zendesk.com/hc/en-us">online help desk</a>. Universe may investigate a claim and take appropriate action, in its sole discretion. </li> </ul> </li> </ul> <ul> <li> LIABILITY <ul> <li> Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers. </li> <li> Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event. </li> <li> Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY. </li> <li> Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure. </li> </ul> </li> </ul> <ul> <li> DISPUTE RESOLUTION <ul> <li> If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact <a href='https://www.universe.com/contact-support'>Customer Services</a> who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible. </li> <li> Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe. </li> <li> In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement. </li> <li> The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute. </li> <li> For U.S. and Canada Residents: <ul> <li> Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions: <ul> <li> You may assert claims in small claims court if your claims apply; </li> <li> If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and </li> <li> In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes. </li> </ul> </li> <li> The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect. </li> <li> This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. </li> <li> To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. </li> <li> We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute. </li> <li> You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible. </li> </ul> </li> </ul> </li> </ul> <ul> <li> GENERAL <ul> <li> Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law. </li> <li> Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so. </li> <li> Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected. </li> <li> Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately. </li> <li> Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement. </li> <li> No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement. </li> <li> Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation. </li> <li> Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response). </li> <li> Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country. </li> </ul> </li> </ul> <h2> <a name='NA-F'>F.</a> Jurisdiction-Specific Contacts <p> If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at: </p> <p class='country'> United States </p> <p> 1041 N Formosa Ave <br> West Hollywood <br> CA 90046 </p> <p> California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210. </p> <p class='country'> Canada </p> <p> 123 Front St., Suite 1100 <br> Toronto ON, M5J 2M2 <br> Email: support@universe.com </p> </h2> </div> </div> </div> <div class='content container'> <div class='containerize containerize-EUNEW'> <div class='title-center'> <h1> <b><u>UNIVERSE</u></b> </h1> </div> <div class='title-center'> <h1> <b><u>TERMS AND CONDITIONS</u></b> </h1> </div> <hr> <div class='terms-other'> <h3> <ol type='A'> <li> <a href='#EUnew-A'> <b><u>Introduction and Key Terms</u></b> </a> </li> <li> <a href='#EUnew-B'> <b><u>Registration and Your Account</u></b> </a> </li> <li> <a href='#EUnew-C'> <b><u>Terms and Conditions – Listing and Selling Tickets</u></b> </a> </li> <li> <a href='#EUnew-D'> <b><u>Terms and Conditions – Buying Tickets</u></b> </a> </li> <li> <a href='#EUnew-E'> <b><u>General Terms and Conditions</u></b> </a> </li> </ol> <br> </h3> <h2> <a name='EUnew-A'>A.</a> <b><u>Introduction and Key Terms</u></b> </h2> <ul> <li> <b>THESE TERMS AND CONDITIONS</b> <ul> <li> Other than as set out below, you (<b>“User”</b>, <b>“you”</b>, <b>“your”</b>) are contracting with Universe Experiences, Inc. (<b>“Universe”</b>), whether you are using the Universe Services to purchase Tickets (<b>“Buyer”</b>) or sell Tickets (<b>“Host”</b>), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact <a href="mailto:support@universe.com">support@universe.com</a>. </li> <table border='1' class='tax-table'> <tr> <th>Country</th> <th>Company</th> <tr> <td>Aland Islands</td> <td>Ticketmaster Suomi OY</td> </tr> <tr> <td>Andorra</td> <td>Ticketmaster Spain S.A.U.</td> </tr> <tr> <td>Austria</td> <td>Ticketmaster GmbH</td> </tr> <tr> <td>Belgium</td> <td>N.V. Ticketmaster Belgium S.A.</td> </tr> <tr> <td>Denmark</td> <td>Ticketmaster Danmark A/S</td> </tr> <tr> <td>Finland</td> <td>Ticketmaster Suomi OY</td> </tr> <tr> <td>France</td> <td>Ticketmaster SAS</td> </tr> <tr> <td>Furstentum Liechtenstein</td> <td>Ticketmaster Schweiz AG</td> </tr> <tr> <td>Germany</td> <td>Ticketmaster GmbH</td> </tr> <tr> <td>Isle of Man</td> <td>Ticketmaster UK Limited</td> </tr> <tr> <td>Netherlands</td> <td>Ticketmaster BV</td> </tr> <tr> <td>Northern Ireland</td> <td>Ticketshop (NI) Limited trading as Ticketmaster</td> </tr> <tr> <td>Norway</td> <td>Billettservice AS</td> </tr> <tr> <td>Svalbard and Jan Mayen</td> <td>Billettservice AS</td> </tr> <tr> <td>Spain</td> <td>Ticketmaster Spain S.A.U.</td> </tr> <tr> <td>Sweden</td> <td>Ticketmaster Sverige AB</td> </tr> <tr> <td>Switzerland</td> <td>Ticketmaster Schweiz AG</td> </tr> <tr> <td>United Kingdom</td> <td>Ticketmaster UK Limited</td> </tr> </tr> </table> <li> Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services. </li> <li> Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 18. <li class='notes'> <b>Please note</b>: <ul> <li> <b>Universe provides an online platform to <u>facilitate</u> the sale and purchase of Tickets;</b> </li> <li> <b>Universe is <u>not party to the agreement</u> between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.</b> </li> <li> <b>Universe <u>does not</u> own any Tickets or set the Sale Price;</b> </li> <li> <b>Universe <u>does not</u> routinely screen the content of any Listing or its suitability for individual Users;</b> </li> <li> <b>Universe <u>does not</u> endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;</b> </li> <li> <b>Universe <u>does not</u> confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;</b> </li> </ul> <b>Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.</b> </li> </li> <li> <b>Legally Binding Agreement</b>: These Terms and Conditions constitute a legally binding contract and you should read these, along with the <a href='https://www.universe.com/terms-of-use'>Universe Terms of Use</a>, <a href='https://www.universe.com/privacy'>Privacy Policy</a> and <a href='https://www.universe.com/cookies'> Cookie Policy </a> carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services. </li> <li> <b>Changes to the Terms and Conditions</b>: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted. </li> <li> <b>Contacting Universe</b>: If you have any questions or want any further information regarding these Terms and Conditions, please contact <a href='mailto:support@universe.com'>support@universe.com</a>. You can also check out <a href='https://www.universe.com/help'>Universe’s FAQs</a>. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing. </li> <li> <b>Contacting You</b>: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account. </li> <li> <b>Your location and associated changes to these Terms and Conditions</b>: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies. </li> </ul> </li> </ul> <h2> <a name='EUnew-B'>B.</a> <b><u>Registration, Your Account and User Content</u></b> </h2> <ul> <li> <b>REGISTRATION</b> <ul> <li> <b>Registration</b>: In order to set up a Listing or buy Tickets using the Universe Services you must: <ul> <li> be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and </li> <li> set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. </li> </ul> </li> <li> You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site. </li> <li> If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing. </li> </ul> </li> </ul> <ul> <li> <b>YOUR ACCOUNT</b> <ul> <li> <b>Password</b>: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason. </li> <li> <b>Companies</b>: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity). </li> <li> <b>Financial Checks</b>: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks. </li> <li> <b>Privacy Policy</b>: Please refer to the <a href='https://www.universe.com/privacy'>Universe Privacy Policy</a> and <a href='https://www.universe.com/cookies'> the Cookie Policy </a> for more details on how we use and protect your Universe Account Information. </li> <li> <b>International</b>: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement (see section F below for specific details), different laws, rules, regulations and a different Privacy Policy. </li> </ul> </li> </ul> <ul> <li> <b>USER CONTENT</b> <ul> <li> <b>User Content</b>: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (<b>“User Content”</b>). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings. </li> <li> <b>User Content Warranties</b>: In relation to your User Content, you represent and warrant that: <ul> <li> you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use; </li> <li> you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions; </li> <li> Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights; </li> <li> your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable; </li> <li> Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and </li> <li> to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate. </li> </ul> </li> <li> <b>User Content Licence Grant</b>: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions. </li> <li> <b>Universe and User Content</b>: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content. </li> </ul> </li> </ul> <h2> <a name='EUnew-C'>C.</a> <b><u>Terms and Conditions – Listing and Selling Tickets</u></b> </h2> <ul> <li> <b>CREATING A LISTING</b> <ul> <li> <b>Listing Responsibility of Host</b>: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible. </li> <li> <b>Listing Representation</b>: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event. </li> <li> <b>Host’s Contact Information</b>: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing. </li> <li> <b>Service Charge Preference</b>: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer). </li> <li> <b>Listing Description</b>: The Host must provide all the Event information in the Listing, for example: <ul> <li> the location of the Event; </li> <li> the name of the Event and performer(s) (if relevant); </li> <li> the date of the Event; </li> <li> the name and address of the Venue; </li> <li> the type of Ticket (e.g. seated, standing, timed entry, etc.); </li> <li> the Sale Price of each Ticket; </li> <li> a seat map of the Event; </li> <li> whether or not the Service Charge is included in the Sale Price; </li> <li> the Universe Per Order Fee; </li> <li> confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details; </li> <li> the refund policy, if any; </li> <li> any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.); </li> <li> if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below); </li> <li> any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and </li> <li> any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. </li> </ul> </li> <li> <b>Compliance</b>: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations. </li> <li> <b>Host Warranties</b>: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates: <ul> <li> relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets; </li> <li> include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers; </li> <li> if booked, will be honoured, unless otherwise agreed with the Buyer; </li> <li> contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place; </li> <li> do not infringe any third-party rights (including intellectual property rights); </li> <li> are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party; </li> <li> do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website; </li> <li> do not in any way contain fraudulent or inaccurate or misleading information;<br><b>Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.</b> </li> <li> are not defamatory, abusive, threatening or obscene; </li> <li> are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise; </li> <li> do not attempt to solicit any Users to use a third-party service that competes with the Universe Services; </li> <li> do not breach any applicable local, national or international law or regulation, including those associated with making charity donations; </li> <li> do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data; </li> <li> cannot be construed to be associated with any terrorist organisations; and </li> <li> do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. </li> </ul> </li> <li> <b>Applicable Taxes</b>: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact <a href="mailto:support@universe.com">support@universe.com</a>. </li> <li> <b>Insurance</b>: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event. </li> <li> <b>Event Cancellation, Rescheduling or Alteration</b>: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services. </li> <li> <b>No Universe Guarantee</b>: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility. </li> </ul> </li> </ul> <ul> <li> <b>SALE OF TICKETS</b> <ul> <li> <b>Payment Processing Preferences</b>: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at <a href='https://universesupport.zendesk.com/hc/en-us/articles/360002387731-Payment-processing-preferences'>Payment Processing Preferences</a>. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale. </li> <li> <b>Approval Settings</b>: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled. </li> <li> <b>Sale Contract and Order Confirmation</b>: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. </li> <li> <b>Failed Delivery</b>: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event. </li> <li> <b>Disputed Events</b>: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement. </li> </ul> </li> </ul> <ul> <li> <b>UNIVERSE PAYMENTS</b> <ul> <li> <b>Universe Payments</b>: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host. </li> <li> <b>Payment to Hosts</b>: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event. </li> <li> <b>Payment Details</b>: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times. </li> <li> <b>Account Balance</b>: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request. </li> <li> <b>Payments</b>: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at <a href='mailto:support@universe.com'>support@universe.com</a> with such request </li> <li> <b>Withholding Payment</b>: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent. </li> <li> <b>Disputed Payments</b>: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment. </li> <li> <b>Refunds</b>: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Buyer’s Universe account. The Host will be charged the Service Charge, which shall be retained by Universe Host. </li> </ul> </li> </ul> <ul> <li> <b>STRIPE PAYMENTS</b> <ul> <li> <b>Stripe Payments</b>: By setting up a Stripe Connect account via the <a href='https://stripe.com/gb'>Stripe website</a>, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments. </li> <li> <b>Payments</b>: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe. </li> <li> <b>Refunds</b>: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility. </li> <li> <b>Disputes</b>: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe. </li> </ul> </li> </ul> <ul> <li> <b>CHARGEBACKS</b> <ul> <li> <b>Chargebacks</b>: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion. </li> </ul> </li> </ul> <ul> <li> <b>CANCELLED, RESCHEDULED AND POSTPONED EVENTS</b> <ul> <li> <b>HostTicket Exchange and Cancellation</b>: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion. </li> <li> <b>Event Cancellation</b>: If an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (and the Service Charge). The Universe Per Order Fee is only refundable where all paid elements in the Transaction (i.e. the Sale Price and the price paid for add-ons) are refunded by a Host in full. Where any paid element of the Transaction is not refunded, Universe shall be entitled to retain the Universe Per Order Fee. If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days (excluding Service Charge and Universe Per Order Fee). </li> <li> <b>Rescheduling</b>: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (and the Service Charge). The Universe Per Order Fee is only refundable where all paid elements in the Transaction (i.e. the Sale Price and the price paid for add-ons) are refunded by a Host in full. Where any paid element of the Transaction is not refunded, Universe shall be entitled to retain the Universe Per Order Fee. </li> <li> <b>Material Alteration</b>: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. Please note that the Universe Per Order Fee is only refundable where all paid elements in the Transaction (i.e. the Sale Price and the price paid for add-ons) are refunded by a Host in full. Where any paid element of the Transaction is not refunded, Universe shall be entitled to retain the Universe Per Order Fee. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event. </li> </ul> </li> </ul> <ul> <li> <b>USE AND COLLECTION OF DATA BY HOSTS</b> <ul> <li> Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data. </li> <li> The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host. </li> <li> Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host: <ul> <li> is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and </li> <li> shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data. </li> </ul> </li> <li> <b>Data Processing</b>: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply. </li> <li> The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows: <ul> <li> scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data; </li> <li> duration: the term of these Terms and Conditions; </li> <li> types of Personal Data: name, email, contact details; and </li> <li> categories of data subjects: Buyers of Host Listings. </li> </ul> </li> <li> In relation to Universe’s processing under paragraph 11.4, Universe shall: <ul> <li> follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe; </li> <li> inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR; </li> <li> ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "<b>personal data breach</b>"); </li> <li> inform the Host without undue delay if it becomes aware of a personal data breach; </li> <li> assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor; </li> <li> assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor; </li> <li> at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance; </li> <li> not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and </li> <li> on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law. </li> </ul> </li> <li> To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors. </li> <li> The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12. </li> </ul> </li> </ul> <ul> <li> <b>HOST TOOLS</b> <ul> <li> The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall: <ul> <li> comply with any special terms and conditions notified to Host in relation to any specific Host Tools; </li> <li> keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party; </li> <li> have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures; </li> <li> ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and </li> <li> be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations. </li> </ul> </li> <li> In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to): <ul> <li> delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof; </li> <li> disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools; </li> <li> sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or </li> <li> hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever. </li> </ul> </li> <li> The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools. </li> <li> The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place. </li> </ul> </li> </ul> <ul> <li> <b>ENFORCEMENT ACTION AGAINST HOSTS</b> <ul> <li> <b>Cancellation</b>: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time. </li> </ul> </li> </ul> <h2> <a name='EUnew-D'>D.</a> <b><u>Terms and Conditions – Buying Tickets</u></b> </h2> <ul> <li> <b>PRICE AND PAYMENT</b> <ul> <li> <b>Sale Price</b>: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place. </li> <li> <b>Fees/Charges</b>: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host. </li> <li> <b>Check Your Order</b>: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion. </li> <li> <b>Payment Information</b>: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate. </li> <li> <b>Approval Settings</b>: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken </li> <li> <b>Order Confirmation</b>: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket. </li> <li> <b>Payment</b>: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged. </li> <li> <b>Other Ticket Terms and Conditions</b>: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets. </li> <li> <b>After-Sales Queries</b>: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe. </li> <li> <b>Donations</b>: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings </li> <li> <b>Foreign Currency</b>: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout. </li> </ul> </li> </ul> <ul> <li> <b>CANCELLATION AND REFUNDS</b> <ul> <li> <b>Cancellation</b>: The cancellation and refund policy for a Ticket is set out at paragraph 10 above. </li> <li> <b>Refunds</b>: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply. </li> <li> <b>Disputes</b>: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe. </li> </ul> </li> </ul> <ul> <li> <b>ENFORCEMENT ACTION AGAINST BUYERS</b> <ul> <li> <b>Cancelling Transactions</b>: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if: <ul> <li> Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or </li> <li> Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or </li> <li> a breach of these Terms and Conditions occurs. </li> </ul> </li> </ul> </li> </ul> <ul> <li> <b>MERCHANDISE AND ADD-ONS</b> <ul> <li> The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services. </li> </ul> </li> </ul> <ul> <li> <b>PRIVACY POLICY</b>: Please refer to the <a href='https://www.universe.com/privacy'> Universe Privacy Policy </a> and <a href='https://www.universe.com/cookies'> the Cookie Policy </a> for more details on how we use and protect your Buyer User Data. </li> </ul> <h2> <a name='EUnew-E'>E.</a> <b><u>General Terms and Conditions</u></b> </h2> <ul> <li> <b>DEFINITIONS AND INTERPRETATION</b> <ul> <li> <b>In these Terms and Conditions:</b> <ul> <p> <b>“Account”</b> means the account set up by you to use the Universe Services. </p> <p> <b>“Additional Buyer Data”</b> means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data. </p> <p> <b>“Data Protection Legislation”</b> means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“<b>EU Data Protection Legislation</b>”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the <b>"GDPR"</b>); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time. </p> <p> <b>“Data Controller”</b> has the meaning given to it in EU Data Protection Legislation. </p> <p> <b>“Data Processor”</b> has the meaning given to it in EU Data Protection Legislation. </p> <p> <b>“Event”</b> means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services. </p> <p> <b>“Feedback”</b> means feedback, comments and suggestions for improvements to the Universe Services posted by Users. </p> <p> <b>“Force Majeure”</b> means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. </p> <p> <b>“Listing”</b> means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event. </p> <p> <b>“Order Confirmation”</b> means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed. </p> <p> <b>“Payment Processing Method”</b> means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. </p> <p> <b>"Personal Data"</b> has the meaning given to it in the <b>EU Data Protection Legislation</b>. </p> <p> <b>“Sale Price”</b> means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee. </p> <p> <b>“Host Copy Data”</b> means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing. </p> <p> <b>“Host Tools”</b> means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics. </p> <p> <b>“Service Charge”</b> means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition. </p> <p> <b>“Stripe Payments”</b> means the integration of the Host’s own <a href="https://stripe.com/">Stripe</a> account to process payments made by a Buyer. </p> <p> <b>“Third-Party Social Media Site”</b> means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome. </p> <p> <b>“Threshold Amount”</b> means £10 or its equivalent amount in the currency of the country in which you reside. </p> <p> <b>“Ticket(s)”</b> means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event. </p> <p> <b>“Transaction”</b> means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s). </p> <p> <b>“Transaction Value”</b> means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2. </p> <p> <b>“Universe Account Information”</b> means the Personal Data you upload when registering your Account. </p> <p> <b>“Universe Buyer Data”</b> means the data collected by Universe from Buyers as part of their use of the Universe Services. </p> <p> <b>“Universe Payments”</b> means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host. </p> <p> <b>“Universe Per Order Fee”</b> means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. </p> <p> <b>“Universe Services”</b> means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe. </p> <p> <b>“Venue”</b> means any site, facility or location where an Event is held. </p> <p> <b>“Website”</b> means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website. </p> </ul> </li> </ul> </li> </ul> <ul> <li> <b>TERMINATION</b> <ul> <li> <b>Termination by Universe</b>: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if: <ul> <li> any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account; </li> <li> Universe suspects any unauthorised use of your Account and/or the Universe Services; </li> <li> Universe suspects any fraudulent activity or other illegal activity relating to your Account; </li> <li> you otherwise breach these Terms and Conditions; </li> <li> Universe is ordered to do so by any local legal or regulatory authority; </li> <li> you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or </li> <li> Universe provides you with 30 days’ written notice of termination, at Universe’s election. </li> </ul> </li> <li> <b>Termination by You</b>: You may cancel your Account at any time via the <a href="https://www.universe.com/dashboard/settings">Cancel Account</a> feature or by sending an email to <a href="mailto:support@universe.com">support@universe.com</a>. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services. </li> <li> <b>Consequences of Termination</b>: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination. </li> </ul> </li> </ul> <ul> <li> <b>UNIVERSE SERVICE RULES</b> <ul> <li> <b>Rules</b>: In connection with your use of the Universe Services, you may not and you agree that you will not: <ul> <li> breach any local, state, provincial, national, or other law or regulation, or any order of a court; </li> <li> infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; </li> <li> interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; </li> <li> use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services; </li> <li> "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services); </li> <li> submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party; </li> <li> submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; </li> <li> register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company; </li> <li> recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval; </li> <li> impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; </li> <li> use automated scripts to collect information or otherwise interact with the Universe Services; </li> <li> use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing; </li> <li> as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour; </li> <li> use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent; </li> <li> access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers; </li> <li> attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures; </li> <li> avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon; </li> <li> attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services; </li> <li> reproduce or scan Tickets in a format or medium different from that provided by the Website; </li> <li> use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or </li> <li> advocate, encourage, or assist any third party in doing any of the foregoing. </li> </ul> </li> <li> <b>Legal Action</b>: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you. </li> </ul> </li> </ul> <ul> <li> <b>WARRANTIES AND INDEMNITIES</b> <ul> <li> <b>True Information</b>: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services. </li> <li> <b>Legal Compliance</b>: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts. </li> <li> <b>Tax Indemnity</b>: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe. </li> <li> <b>General Indemnity</b>: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the <b>“Indemnified Parties”</b>) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences. </li> </ul> </li> </ul> <ul> <li> <b>LIABILITY</b> <ul> <li> <b>Universe Disclaimer</b>: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts. </li> <li> <b>Event Attendance</b>: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event. </li> <li> <b>Universe’s Liability</b>: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute. </li> <li> <b>Exclusion of Liability</b>: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable. </li> <li> <b>Liability Cap</b>: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability. </li> <li> <b>Force Majeure</b>: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure. </li> </ul> </li> </ul> <ul> <li> <b>DISPUTE RESOLUTION</b> <ul> <li> If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact <a href='https://www.universe.com/contact-support'>Customer Services</a> who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible. </li> <li> Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe. </li> <li> In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions. </li> <li> The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute. </li> </ul> </li> </ul> <ul> <li> <b>GENERAL</b> <ul> <li> <b>Applicable Taxes</b>: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law. </li> <li> <b>Waiver</b>: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so. </li> <li> <b>Assignment</b>: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected. </li> <li> <b>Severability</b>: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately. </li> <li> <b>Illegality</b>: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions. </li> <li> <b>No Partnership/Agency</b>: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein. </li> <li> <b>Notices</b>: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response). </li> <li> <b>Governing Law and Jurisdiction</b>: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country. </li> </ul> </li> </ul> </div> </div> </div> <div class='content container'> <div class='containerize containerize-ANZ'> <div class='title-left'> <h1> TERMS AND CONDITIONS </h1> </div> <hr> <div class='terms-na'> <h1> <a class='us-terms' name='NA'> Universe User Agreement - Australia/New Zealand </a> </h1> </div> <div class='terms-other'> <h3> <ol type='A'> <li> <a href='#ANZ-A' style='color: blue'> <b><u>Introduction and Key Terms</u></b> </a> </li> <li> <a href='#ANZ-B' style='color: blue'> <b><u>Registration and Your Account</u></b> </a> </li> <li> <a href='#ANZ-C' style='color: blue'> <b><u>Terms and Conditions – Listing and Selling Tickets</u></b> </a> </li> <li> <a href='#ANZ-D' style='color: blue'> <b><u>Terms and Conditions – Buying Tickets</u></b> </a> </li> <li> <a href='#ANZ-E' style='color: blue'> <b><u>General Terms and Conditions</u></b> </a> </li> <li> <a href='#ANZ-F' style='color: blue'> <b><u>Jurisdiction-Specific Contacts</u></b> </a> </li> </ol> <br> </h3> <div class='some' style='border: solid 1px black; padding: 0px 10px'> <b> <h2> <b>Important Terms</b> </h2> </b> Please ensure you read the Terms and Conditions below in full, it covers important terms and conditions that apply to your listing, tickets and any additional package or item that you purchase. In particular, we draw the following provisions to your attention: <ol type='a'> <li> <b>Universe provides an online platform to facilitate the sale and purchase of Tickets and Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services. </b> </li> <li> Subject to the Host’s refund policy as specified in a Listing, Buyers will only be entitled to a refund in limited circumstances as set out in these Terms and Conditions, unless required by applicable law. <b>See Cancelled, Rescheduled and Postponed Events (paragraph 10), Enforcement Action Against Hosts (paragraph 13), Cancellation and Refunds (paragraph 15) and Enforcement Action Against Buyers (paragraph 16)</b>. Where refunds are payable, it will be the Host and not Universe that will be responsible for refunds (unless caused by Universe and required by law). </li> <li> Universe limits its liability for loss suffered by you at an event or as a result the cancellation or rescheduling an event, or the actions of another User. <b>See Universe and User Content (paragraph 4.4), Compliance (paragraph 5.7), Refunds (paragraph 8.3), Chargebacks (paragraph 9.1), Donations (paragraph 14.11) Disputes (paragraph 15.3) and Liability (paragraph 24)</b>. </li> <li> Universe may remove your listing or cancel your order if you do not comply with, and otherwise as set out in, these Terms and Conditions. <b>See Event Cancellation, Rescheduling or Alteration (paragraph 5.10), Enforcement Action Against Hosts (paragraph 13), Approval Settings (paragraph 14.5) Enforcement Action Against Buyers (paragraph 16), Termination by Universe (paragraph 20.2)</b>. </li> <li> Universe may withhold an amount of sale proceeds from a Host where it is reasonably satisfied that there is an increased risk of chargebacks or refund requests.<b>See Withholding Payment (paragraph 7.6) and Chargebacks (paragraph 9)</b>. </li> </ol> </div> <h2> <a name='ANZ-A'>A.</a> <b>Introduction and Key Terms</b> </h2> <ul> <li> <b>THESE TERMS AND CONDITIONS</b> <ul> <li> Other than as set out below, you (<b>“User”</b>, <b>“you”</b>, <b>“your”</b>) are contracting with Universe Experiences, Inc. (<b>“Universe”</b>), whether you are using the Universe Services to purchase Tickets (<b>“Buyer”</b>) or sell Tickets (<b>“Host”</b>), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact <a href="mailto:support@universe.com">support@universe.com</a>. </li> <table border='1' class='tax-table'> <tr> <th>Country</th> <th>Company</th> <tr> <td>Australia</td> <td>Ticketmaster Australasia Pty Ltd ABN 49 089 258 837</td> </tr> <tr> <td>New Zealand</td> <td>Ticketmaster NZ Limited NZBN 9429035032885</td> </tr> </tr> </table> <li> Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services. </li> <li> Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19. <li class='notes'> <b>Please note</b>: <ul> <li> <b>Universe provides an online platform to facilitate the sale and purchase of Tickets;</b> </li> <li> <b>Universe <u>is not party to the agreement</u> between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.</b> </li> <li> <b>Universe <u>does not</u> own any Tickets or set the Sale Price;</b> </li> <li> <b>Universe <u>does not</u> routinely screen the content of any Listing or its suitability for individual Users;</b> </li> <li> <b>Universe <u>does not</u> endorse any Users or any Listings and reserves the right to remove a Listing it deems (acting reasonably) inappropriate from the Universe website (“Website”);</b> </li> <li> <b>Universe <u>does not</u> confirm the identity or suitability of Users and Users interact with and contact one another at their own risk; and</b> </li> <li> <b>Universe is not an event organiser or promoter.</b> </li> </ul> <b>Therefore, to the maximum extent permitted by law, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case. It is the Host (and not Universe) that is responsible for any refunds (unless required by law).</b> </li> </li> <li> <b>Legally Binding Agreement</b>: These Terms and Conditions constitute a legally binding contract and you should read these, along with the <a href='https://www.universe.com/terms-of-use'>Universe Terms of Use</a>, <a href='https://www.universe.com/privacy'>Privacy Policy</a> and <a href='https://www.universe.com/cookies'> Cookie Policy </a> carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services. </li> <li> <b>Changes to the Terms and Conditions</b>: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted. </li> <li> <b>Contacting Universe</b>: If you have any questions or want any further information regarding these Terms and Conditions, please contact <a href='mailto:support@universe.com'>support@universe.com</a>. You can also check out <a href='https://www.universe.com/help'>Universe’s FAQs</a>. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be communicated via the <b>Contact Host</b> or <b>Contact Support</b> (as applicable) button on the relevant Listing. </li> <li> <b>Contacting You</b>: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account. </li> <li> <b>Conflict between Laws and these Terms and Conditions</b>: Where any applicable law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable in the state or country in which an event takes place will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies. These Terms and Conditions do not affect your rights under the Australian Consumer Law for events in Australia or New Zealand Consumer Law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986) (“<b>NZ Consumer Law</b>”) for events in New Zealand. </li> </ul> </li> </ul> <h2> <a name='ANZ-B'>B.</a> <b>Registration, Your Account and User Content</b> </h2> <ul> <li> <b>REGISTRATION</b> <ul> <li> <b>Registration</b>: In order to set up a Listing or buy Tickets using the Universe Services you must: <ul> <li> be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and </li> <li> set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if reasonably required by us, or as desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. </li> </ul> </li> <li> Universe may also offer the option to register a Universe Account by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site. </li> <li> If you are selling as a business or ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then you must register with us as a ‘Business Seller’. If you are a Business Seller, you may be required to provide potential buyers with a geographical address, telephone number, email address and/or ABN or NZBN (as applicable) before any tickets are purchased, which may be displayed to Buyers at the time of purchase and, where required by applicable law, must be included in invoices and/or receipts issued to Buyers. </li> </ul> </li> </ul> <ul> <li> <b>YOUR ACCOUNT</b> <ul> <li> <b>Password</b>: You are responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password unless the disclosure is caused by Universe. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website as set out in these Terms and Conditions. </li> <li> <b>Companies</b>: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity). </li> <li> <b>Financial Checks</b>: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks. </li> <li> <b>Privacy Policy</b>: Please refer to the <a href='https://www.universe.com/privacy'>Universe Privacy Policy</a> and the <a href='https://www.universe.com/cookies'>Cookie Policy </a> for more details on how we use and protect your Universe Account Information. </li> <li> <b>International</b>: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside Australia or New Zealand may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy. </li> </ul> </li> </ul> <ul> <li> <b>USER CONTENT</b> <ul> <li> <b>User Content</b>: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings. </li> <li> <b>User Content Warranties</b>: In relation to your User Content, you represent and warrant that: <ul> <li> you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use; </li> <li> you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions; </li> <li> Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights; </li> <li> your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable; </li> <li> Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and </li> <li> to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate. </li> </ul> </li> <li> <b>User Content Licence Grant</b>: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions. </li> <li> <b>Universe and User Content</b>: To the maximum extent permitted by law, Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable to the extent permitted by law for any damages you incur (or allege to incur) as a result of User Content. </li> </ul> </li> </ul> <h2> <a name='ANZ-C'>C.</a> <b>Terms and Conditions – Listing and Selling Tickets</b> </h2> <ul> <li> <b>CREATING A LISTING</b> <ul> <li> <b>Permissible Listing Purposes</b>: The Universe platform must only be used for the purposes of listing and purchasing Tickets for an Event (and any non-Ticket items that may be directly associated with the purchase of a Ticket for that Event, such as merchandise, add-on experiences, food and beverage at the event or Ticket upgrades) that the Host has the rights to offer Tickets and non-Ticket items for sale for. The Universe platform must not be used for any other purpose. </li> <li> <b>Listing Responsibility of Host</b>: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible. </li> <li> <b>Listing Representation</b>: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed. </li> <li> <b>Host’s Contact Information</b>: Any Host registered as a Business Seller (see paragraph 2.3 above) may be required to provide a geographical address and email address to Buyers before they purchase any Ticket. Accordingly, where required, these details must be included in the Listing. </li> <li> <b>Service Charge Preference</b>: The Host can elect whether the Service Charge will be <ul> <li> included in the base Sale Price you have nominated (in which case such amount will be collected by Universe prior to settlement of sales proceeds); or </li> <li> added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer). </li> The Service Charge, will be included in the Total Sale Price displayed to Buyers on the Listing during the purchase process. If the Host does not specify a preference then the Service Charge then it will be added to the base Sale Price and collected from the Buyer in accordance with paragraph 5.5(b). </ul> </li> <li> <b>Listing Description</b>: The Host must provide all the Event information in the Listing, including: <ul> <li> the location of the Event; </li> <li> the name of the Event and performer(s) (if relevant); </li> <li> the date of the Event; </li> <li> the name and address of the Venue; </li> <li> the type of Ticket (e.g. seated, standing, timed entry, etc.); </li> <li> the Sale Price of each Ticket (inclusive of all GST, fees and charges applicable to the Ticket but excluding the Service Charge and Transaction-level charges); </li> <li> a seat map of the Event (if applicable); </li> <li> confirmation that applicable taxes are included in the Transaction Value; </li> <li> whether the Service Charge will be included in the base Sale Price or added to the nominated base Sale Price; </li> <li> whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details; </li> <li> the refund policy (in addition to any refund rights under Australian Consumer Law or the NZ Consumer Law, as applicable, or these Terms and Conditions), if any; </li> <li> any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.); </li> <li> if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below); </li> <li> any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and </li> <li> any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. </li> </ul> </li> <li> <b>Compliance</b>: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. To the maximum extent permitted by law, Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations. </li> <li> <b>Donations</b>: The Host agrees that where it provides the option for a Buyer to make a donation to a cause or charity, it will be solely responsible for complying with all state and federal laws and regulations, and shall obtain and hold all necessary permissions, licences and registrations required to solicit and receive money or any other benefit through the collection of donations as a fundraiser. If a Host collects charity donations, Universe may request, and the Host shall promptly provide all details on its Universe account, including its ABN and Deductible Gift Recipient (DGR) status if the Host is based in Australia or its NZBN and donee organisation approval status if the Host is based in New Zealand, which the Host shall be responsible for ensuring remain current and correct. If the Host is not entitled by law to retain a donation or is obliged by law to return a donation, the Host is solely responsible for returning donated amounts to the relevant Buyers in full and for the payment of any associated penalties. </li> <li> <b>Host Warranties</b>: The Host represents and warrants to and for the benefit of Universe, that any Listings that they create: <ul> <li> relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets; </li> <li> include accurate and transparent Ticket prices and information relating to all additional charges and GST which will be incurred by Buyers; </li> <li> if booked, will be honoured, unless otherwise agreed with the Buyer; </li> <li> contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place; </li> <li> do not infringe any third-party rights (including intellectual property rights); </li> <li> are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party; </li> <li> do not, to the best of Host’s knowledge after Host has made reasonable inquiries, comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website; </li> <li> do not in any way contain fraudulent or inaccurate or misleading information; <br/>Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services. </li> <li> are not defamatory, abusive, threatening or obscene; </li> <li> are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise; </li> <li> do not attempt to solicit any Users to use a third party service that competes with the Universe Services; </li> <li> do not breach any applicable local, national or international law or regulation, and the Host warrants that the Host holds all necessary permissions, licences and registrations to conduct the Event; </li> <li> where the Host collects donations using the Universe Services, the Host holds all necessary permissions, licences and registrations required to solicit and receive money or any benefit through the collection of donations, and in soliciting and receiving any donations, neither the Host nor Universe will be in contravention of any law, contractual obligation, or condition of any permission, law or registration; </li> <li> do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data; </li> <li> cannot reasonably be construed (in Universe’s opinion acting reasonably) to be associated with any terrorist organisations; and </li> <li> do not contain political campaigning, commercial solicitation, chain letters or mass mailings and otherwise comply with the Data Protection Legislation, and the Spam Act 2003 (Cth) in Australia or the Unsolicited Electronic Messages Act 2007 in New Zealand. </li> </ul> </li> <li> <b>Applicable Taxes</b>: The Host is responsible for ensuring that the Sale Price includes all taxes required on Listings, including the applicable Goods and Services Tax (GST). It will also be your responsibility to calculate and account to the relevant tax authorities for all applicable taxes in relation to the sale price of Tickets. You may also be required to provide a valid GST invoice in respect of the order when requested to do so by a buyer. If in doubt about any of your tax obligations, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. GST-registered Hosts should contact <a href="mailto:support@universe.com">support@universe.com</a>. </li> <li> <b>Insurance</b>: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event. </li> <li> <b>Event Cancellation, Rescheduling or Alteration</b>: If an Event is cancelled, re-scheduled or materially altered , this shall be the Host’s sole responsibility and the Host must communicate details of the cancellation, re-schedule or alteration (and any entitlement for Buyers to obtain a remedy under these Terms and Conditions or under applicable laws, including the Australian Consumer Law or NZ Consumer Law, as applicable) as soon as reasonably practicable to Buyers in a clear manner. The Listing must be updated or removed by the Host (as the case may be) and if it is not, Universe reserves the right to remove the Listing from the Universe Services. </li> <li> <b>No Universe Guarantee</b>: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility. </li> </ul> </li> </ul> <ul> <li> <b>SALE OF TICKETS</b> <ul> <li> <b>Payment Processing Preferences</b>: The Host can select one of two Payment Processing Method options when creating a Listing, further details of which can be found at <a href='https://universesupport.zendesk.com/hc/en-us/articles/360002387731-Payment-processing-preferences'>Payment Processing Preferences</a>. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale. </li> <li> <b>Approval Settings</b>: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled. </li> <li> <b>Sale Contract and Order Confirmation</b>: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. </li> <li> <b>Failed Delivery</b>: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event. </li> <li> <b>Disputed Events</b>: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement other than as provided in these Terms and Conditions or where the dispute relates to a service provided by Universe to the Buyer. </li> </ul> </li> </ul> <ul> <li> <b>UNIVERSE PAYMENTS</b> <ul> <li> <b>Universe Payments</b>: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host. </li> <li> <b>Payment to Hosts</b>: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable laws (including the Australian Consumer Law or NZ Consumer Law, as applicable) these Terms and Conditions or the refund policy for the Event, the Sale Price proceeds (less any Service Charges due to Universe) due to the Host from the Transactions will be made available approximately 48 hours after the end of the Event. </li> <li> <b>Payment Details</b>: Hosts are responsible for providing accurate bank account and payment information associated with their Account and keeping this up to date at all times. </li> <li> <b>Account Balance</b>: Hosts will be notified by email once funds are available for withdrawal. Universe shall make funds available to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request. </li> <li> <b>Payments</b>: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount. Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at <a href='mailto:support@universe.com'>support@universe.com</a> with such request. </li> <li> <b>Withholding Payment</b>: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion (acting reasonably). Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion (acting reasonably), believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent. </li> <li> <b>Refunds</b>: If a Buyer is entitled to a refund in accordance with these Terms and Conditions or applicable law, or the Host otherwise grants a Buyer a refund, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to facilitate the payment of the refund to the Buyer. Universe will not pay any refund unless and until the Host has provided sufficient funds in the Host’s Universe account. The Host will be charged the Service Charge, which shall be retained by Universe. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Host. </li> </ul> </li> </ul> <ul> <li> <b>STRIPE PAYMENTS</b> <ul> <li> <b>Stripe Payments</b>: By setting up a Stripe Connect account via the <b><u>Stripe website (for <a href='https://stripe.com/au'>Australia</a> or <a href='https://stripe.com/nz'>New Zealand</a>, as applicable)</a></u></b>, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments. Your use of Stripe Payments will be subject to any terms and conditions you agree with Stripe. </li> <li> <b>Payments</b>: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price (less the Service Charges if payable by the Host) will be paid directly into the Host’s Stripe account and the Service Charge shall be paid directly to Universe. </li> <li> <b>Refunds</b>: In the event that a Buyer is entitled to a refund in accordance with these Terms and Conditions, the Host’s refund policy or applicable law, Universe shall have no liability to Buyers (unless otherwise required by law), and refunds of the Sale Price shall be the Host’s sole responsibility. </li> <li> <b>Disputes</b>: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe. </li> </ul> </li> </ul> <ul> <li> <b>CHARGEBACKS</b> <ul> <li> <b>Chargebacks</b>: Any credit card chargebacks or other Transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all Service Charges and related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold a reasonable amount of Host’s proceeds for up to six months if, in Universe’s reasonable opinion, there is a likelihood of chargebacks in respect of the Host’s Listing. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion. </li> </ul> </li> </ul> <ul> <li> <b>CANCELLED, RESCHEDULED AND POSTPONED EVENTS</b> <ul> <li> <b>Ticket Exchange and Cancellation</b>: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion or where permitted under the Host’s refund policy or required by applicable law. </li> <li> <b>Event Cancellation</b>: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days. </li> <li> <b>Rescheduling</b>: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Total Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event (such notice to be provided by the Host to the Buyer as soon as reasonably practicable), and the Host will refund the Buyer the Sale Price of the Ticket (and Universe will refund the Service Charge). </li> <li> <b>Material Alteration</b>: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), refunds will only be provided where required by law or at the discretion of the Host, provided that the Buyer requests the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following will not generally be material alterations the use of understudies in theatre performances; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival), curtailment of the event where the majority of an event is performed in full; and reasonable delays to the starting of the performance of an event and changes to seating arrangements, entry requirements and audience capacities. </li> </ul> </li> </ul> <ul> <li> <b>USE AND COLLECTION OF DATA BY HOSTS</b> <ul> <li> Universe gathers Universe Buyer Data independently for its own purposes. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data. </li> <li> The Host processes the Host Copy Data from the point at which it is passed or made available to the Host independently for its own purposes. </li> <li> Universe and the Host are individually and separately responsible for complying with its obligations as applicable under the Data Protection Legislation. In particular, each of Universe and the Host: <ul> <li> is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and </li> <li> shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from a Personal Information Breach. </li> </ul> </li> <li> <b>Data Processing</b>: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools on behalf of the Host, paragraphs 11.5 to 11.8 shall apply. </li> <li> The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows: <ul> <li> scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data; </li> <li> duration: the term of these Terms and Conditions; </li> <li> types of Personal Information: name, email, contact details; and </li> <li> categories of data subjects: Buyers of Host Listings. </li> </ul> </li> <li> In relation to Universe’s processing under paragraph 11.4, Universe shall: <ul> <li> follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe; </li> <li> inform the Host if, in Universe's opinion, the Host’s instructions infringe the Data Protection Legislation; </li> <li> ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against a Personal Information Breach; </li> <li> inform the Host if it becomes aware of a Personal Information Breach; </li> <li> assist the Host to respond to requests from individuals to exercise their data subject rights under the Data Protection Legislation, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe on behalf of the Host; </li> <li> at the request of the Host, provide evidence of its compliance with paragraphs 11.5 to 11.8 inclusive and permit the Host to carry out a documentary audit of such compliance no more than once annually; </li> <li> not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the country of origin unless it has a lawful basis for the transfer; and </li> <li> on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Information under applicable law. </li> </ul> </li> <li> To the extent that Universe requires authorisation to appoint sub-processors under the Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors. </li> <li> The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Information (including instructions in connection with requests from individuals exercising their rights under Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12. </li> </ul> </li> </ul> <ul> <li> <b>HOST TOOLS</b> <ul> <li> The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall: <ul> <li> comply with any special terms and conditions notified to Host in relation to any specific Host Tools; </li> <li> keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorised person or any third party; </li> <li> have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorised users are trained on such security processes and procedures; </li> <li> ensure that it has and makes available to Buyers a suitable privacy notice as required under relevant laws including the Data Protection Legislation; and </li> <li> be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations. </li> </ul> </li> <li> In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to): <ul> <li> delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof; </li> <li> disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools; </li> <li> sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or </li> <li> hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever. </li> </ul> </li> <li> The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools. </li> <li> The Host Tools are provided to Host on an “as-is” basis without, to the maximum extent permitted by law, any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place. </li> </ul> </li> </ul> <ul> <li> <b>ENFORCEMENT ACTION AGAINST HOSTS</b> <ul> <li> <b>Removal of Listings</b>: Universe reserves the right to suspend or remove any Listings and/or suspend or cancel a Transaction and/or a Host’s Account in any of the following circumstances, if: <ul> <li> Universe reasonably suspects that the Host is unable to pay its debts or Universe is otherwise entitled to terminate your account in accordance with paragraph 20.1; </li> <li> Universe reasonably suspects that the Host is unable to put on the event or otherwise meet its obligations to Buyers under these Terms and Conditions; </li> <li> Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Listings or Transactions; </li> <li> Universe reasonably suspects any unauthorised use of a Host’s Account and/or of the Universe Services; </li> <li> a Listing does not comply with applicable legislation; and/or </li> <li> a breach of these Terms and Conditions occurs. </li> </ul> </li> </ul> </li> </ul> <h2> <a name='ANZ-D'>D.</a> <b>Terms and Conditions – Buying Tickets</b> </h2> <ul> <li> <b>PRICE AND PAYMENT</b> <ul> <li> <b>Sale Price</b>: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place. </li> <li> <b>Fees/Charges</b>: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host. </li> <li> <b>Check Your Order</b>: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise outside of Universe’s reasonable control and Hosts will only do so in their sole discretion (acting reasonably) or as otherwise required under law (including but not limited to the Australian Consumer Law and NZ Consumer Law, as applicable). </li> <li> <b>Payment Information</b>: The Buyer warrants and represents that they are authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate. </li> <li> <b>Approval Settings</b>: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken. </li> <li> <b>Order Confirmation</b>: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket. </li> <li> <b>Payment</b>: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that the applicable third-party payment processor, may debit the Transaction Value from the method of payment provided by the Buyer. </li> <li> <b>Ticket Resale</b>: There are laws in place in some locations that prohibit resale of tickets to certain events or limit the prices at which they may be resold (<b>Price Cap</b>) and penalties may apply for non-compliance. Buyers are responsible for complying with any such laws. Unless a Host expressly provides otherwise, Tickets may not be resold or offered at a premium (above the Total Ticket Sale Price or statutory Price Cap, where applicable) or used for advertising, promotion or other commercial purposes. Universe cannot guarantee the authenticity of tickets purchased from any unauthorised third-party resellers or resale sites. </li> <li> <b>Other Ticket Terms and Conditions</b>: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets. </li> <li> <b>After-Sales Queries</b>: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe. </li> <li> <b>Donations</b>: Hosts may offer Buyers the option to donate to a specified cause or charity. Where the Host offers a Buyer the option to donate, the Host is responsible for providing accurate and complete information about the relevant cause or charity, and for ensuring it holds all registrations and/or authorisations required by applicable law to collect donations where applicable. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings. Donations are subject to the same fees and charges as Tickets. </li> <li> <b>Foreign Currency</b>: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout. </li> </ul> </li> </ul> <ul> <li> <b>CANCELLATION AND REFUNDS</b> <ul> <li> <b>Cancellation</b>: The cancellation and refund policy for a Ticket is set out at paragraph 10 above, and as specified as the Host’s refund policy at the time of purchase. </li> <li> <b>Refunds</b>: If a Buyer wishes to request a refund in accordance with these Terms and Conditions or applicable law, the Buyer must contact the Host using the contact details in the Listing. If a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply. </li> <li> <b>Disputes</b>: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its discretion (acting reasonably). Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe. </li> </ul> </li> </ul> <ul> <li> <b>ENFORCEMENT ACTION AGAINST BUYERS</b> <ul> <li> <b>Cancelling Transactions</b>: Universe, acting reasonably, reserves the right to cancel or reverse a Buyer’s Transaction in any of the following circumstances if: <ul> <li> Universe reasonably suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or </li> <li> Universe reasonably suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or </li> <li> a breach of these Terms and Conditions occurs. </li> </ul> </li> </ul> </li> </ul> <ul> <li> <b>MERCHANDISE AND ADD-ONS</b> <ul> <li> The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, and ensuring compliance with all applicable laws and regulations, related to the display, description, fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services. </li> </ul> </li> </ul> <ul> <li> <b>PRIVACY POLICY</b>: <ul> <li> Please refer to the <a href='https://www.universe.com/privacy'> Universe Privacy Policy </a> and <a href='https://www.universe.com/cookies'> the Cookie Policy </a> for more details on how we use and protect your Buyer User Data. </li> </ul> </li> </ul> <h2> <a name='ANZ-E'>E.</a> <b>General Terms and Conditions</b> </h2> <ul> <li> <b>DEFINITIONS AND INTERPRETATION</b> <ul> <li> <b>In these Terms and Conditions:</b> <div style='margin: 10px 0'> <b>“Account”</b> means the account set up by you to use the Universe Services. </div> <div style='margin: 10px 0'> <b>“Additional Buyer Data”</b> means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data. </div> <div style='margin: 10px 0'> "<b>Data Protection Legislation</b>" means (i) the Australian Privacy Act 1988 (Cth); (ii) the New Zealand Privacy Act 2020; and (ii) any and all data protection laws and regulations applicable in Australia and/or New Zealand including those made under or pursuant to (i), in each case as may be amended or superseded from time to time. </div> <div style='margin: 10px 0'> "<b>Event</b>" means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services. </div> <div style='margin: 10px 0'> "<b>Feedback</b>" means feedback, comments and suggestions for improvements to the Universe Services posted by Users. </div> <div style='margin: 10px 0'> "<b>Force Majeure</b>" means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. </div> <div style='margin: 10px 0'> <b>“Host Copy Data”</b> means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing. </div> <div style='margin: 10px 0'> <b>“Host Tools”</b> means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g. reporting, email management or data analytics. </div> <div style='margin: 10px 0'> <b>“Listing”</b> means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event. </div> <div style='margin: 10px 0'> <b>“Order Confirmation”</b> means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed. </div> <div style='margin: 10px 0'> <b>“Payment Processing Method”</b> means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. </div> <div style='margin: 10px 0'> <b>"Personal Information"</b> has the meaning given to it in the <b>Data Protection Legislation</b>. </div> <div style='margin: 10px 0'> <b>"Personal Information Breach"</b> means the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information. </div> <div style='margin: 10px 0'> <b>“Sale Price”</b> means the price at which Host offers a Ticket for sale, whether in AUD, NZD or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge. </div> <div style='margin: 10px 0'> <b>“Service Charge”</b> means the service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be included in the base Sale Price (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or added to the nominated base Sale Price (in which case the Total Sale Price displayed to the Buyer will be increased to include the Service Charge and collected from the Buyer). The Service Charge is inclusive of GST at the then-current rate. </div> <div style='margin: 10px 0'> <b>“Stripe Payments</b>” means the integration of the Host’s own <a href='https://www.stripe.com'> Stripe </a> account to process payments made by a Buyer. </div> <div style='margin: 10px 0'> <b>“Third-Party Social Media Site”</b> means third-party websites and applications that enable users to create and share content or to participate in social networking, which may include, but is not limited to, Facebook, Twitter and Google. </div> <div style='margin: 10px 0'> <b>“Threshold Amount”</b> means A$10 or NZ$10 (as applicable). </div> <div style='margin: 10px 0'> <b>“Ticket(s)”</b> means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event. </div> <div style='margin: 10px 0'> <b>“Total Sale Price”</b> means the total per Ticket price displayed to the Buyer, which comprises the Sale Price plus the Service Charge. </div> <div style='margin: 10px 0'> <b>“Transaction”</b> means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s). </div> <div style='margin: 10px 0'> <b>“Transaction Value”</b> means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2. </div> <div style='margin: 10px 0'> <b>“Universe Account Information”</b> means the Personal Information you upload when registering your Account. </div> <div style='margin: 10px 0'> <b>“Universe Buyer Data”</b> means the data collected by Universe from Buyers as part of their use of the Universe Services. </div> <div style='margin: 10px 0'> <b>“Universe Payments”</b> means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host. </div> <div style='margin: 10px 0'> <b>“Universe Services”</b> means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe. </div> <div style='margin: 10px 0'> <b>“Venue”</b> means any site, facility or location where an Event is held. </div> <div style='margin: 10px 0'> <b>“Website”</b> means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website. </div> </li> </ul> </li> </ul> <ul> <li> <b>TERMINATION</b> <ul> <li> <b>Termination by Universe</b>: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if: <ul> <li> any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account; </li> <li> Universe reasonably suspects any unauthorised use of your Account and/or the Universe Services; </li> <li> Universe reasonably suspects any fraudulent activity or other illegal activity relating to your Account; </li> <li> you otherwise breach these Terms and Conditions; </li> <li> Universe is ordered to do so by any local legal or regulatory authority; </li> <li> you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to administration or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or </li> <li> Universe provides you with 30 days’ written notice of termination, at Universe’s election. </li> </ul> </li> <li> <b>Termination by You</b>: You may cancel your Account at any time via the <a href="https://www.universe.com/dashboard/settings">Cancel Account</a> feature or by sending an email to <a href="mailto:support@universe.com">support@universe.com</a>. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services. </li> <li> <b>Consequences of Termination</b>: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination. </li> </ul> </li> </ul> <ul> <li> <b>UNIVERSE SERVICE RULES</b> <ul> <li> <b>Rules</b>: In connection with your use of the Universe Services, you may not and you agree that you will not: <ul> <li> breach any local, state, provincial, national, or other law or regulation, or any order of a court; </li> <li> infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; </li> <li> interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; </li> <li> use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services; </li> <li> "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services); </li> <li> submit, or provide links to, any postings containing material that could reasonably be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party; </li> <li> submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; </li> <li> register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company; </li> <li> recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval; </li> <li> impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; </li> <li> use automated scripts to collect information or otherwise interact with the Universe Services; </li> <li> use the Universe Services to find a Host or Buyer and then complete the Transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing; </li> <li> as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour; </li> <li> use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent; </li> <li> access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers; </li> <li> attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures; </li> <li> avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon; </li> <li> attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services; </li> <li> reproduce or scan Tickets in a format or medium different from that provided by the Website; </li> <li> use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or </li> <li> advocate, encourage, or assist any third party in doing any of the foregoing. </li> </ul> </li> <li> <b>Legal Action</b>: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms and Conditions. If Universe determines that you have violated these Terms and Conditions or any local or national law, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms and Conditions. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you. </li> </ul> </li> </ul> <ul> <li> <b>WARRANTIES AND INDEMNITIES</b> <ul> <li> <b>True Information</b>: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services. </li> <li> <b>Legal Compliance</b>: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts. </li> <li> <b>Tax Indemnity</b>: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional, national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe. </li> <li> <b>General Indemnity</b>: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the <b>“Indemnified Parties”</b>) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences. </li> </ul> </li> </ul> <ul> <li> <b>LIABILITY</b> <ul> <li> <b>Universe Disclaimer</b>: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, to the maximum extent permitted by law, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts. </li> <li> <b>Event Attendance</b>: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event. </li> <li> <b>Universe’s Liability</b>: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute. </li> <li> <b>Exclusion of Liability</b>: To the fullest extent permitted by applicable law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeable, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by applicable law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable. </li> <li> <b>Liability Cap</b>: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability. </li> <li> <b>Force Majeure</b>: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure. </li> </ul> </li> </ul> <ul> <li> <b>DISPUTE RESOLUTION</b> <ul> <li> If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact <a href='https://www.universe.com/contact-support'>Customer Service</a> who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible. </li> <li> Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe. </li> <li> The above does not restrict your statutory rights (including under Australian Consumer Law or NZ Consumer Law, as applicable), your right to make a complaint to the appropriate local or national regulatory authority, or your right to pursue court or tribunal proceedings or other forms of settlement with the aim of resolving the dispute. </li> </ul> </li> </ul> <ul> <li> <b>GENERAL</b> <ul> <li> <b>Applicable Taxes</b>: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law. </li> <li> <b>Waiver</b>: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so. </li> <li> <b>Assignment</b>: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected. </li> <li> <b>Severability</b>: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately. </li> <li> <b>Illegality</b>: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions. </li> <li> <b>No Partnership/Agency</b>: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein. </li> <li> <b>Notices</b>: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response). </li> <li> <b>Governing Law and Jurisdiction</b>: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the state and/or country where the Event for which you are purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country. </li> </ul> </li> </ul> <h2> <a name='ANZ-F'>F.</a> <b>Contact Us</b> </h2> <p> If you have any questions, comments or complaints regarding these Terms and Conditions or the Website, please contact <a href='https://www.universe.com/contact-support'><u>Customer Service</u></a>. </p> </div> </div> </div> </div> <div class="mw-footer"> <div class="container"> <div class="links"> <section class="about"> <header> Get to know us </header> <a href="/about"> About </a> <a href="/careers"> Jobs </a> <a href="https://blog.universe.com"> Blog </a> <a href="/help"> Get help </a> <a href="/contact-us"> Contact us </a> </section> <section class="attendee"> <header> Find events </header> <a href="/app"> Get the app </a> <a href="/explore"> Top events </a> </section> <section class="host"> <header> Host events </header> <a href="/overview"> Become a host </a> <a href="/features"> Tour </a> <a href="/sell-on-your-site"> Embeddable Widgets </a> <a href="/customers"> Customers </a> <a href="/pricing"> Pricing </a> <a href="/boxoffice"> Get the onsite app </a> <a href="https://developers.universe.com"> Developers </a> </section> <form id="locale_switcher" onchange="switch_locale()"> <section class="locale"> <svg class="chevron" viewBox="0 0 7 12"> <path d="M.27 10.46a.89.89 0 0 0 0 1.28c.36.35.94.35 1.3 0l5.16-5.1a.89.89 0 0 0 0-1.28L1.57.26a.93.93 0 0 0-1.3 0 .89.89 0 0 0 0 1.28L4.5 6 .27 10.46z" fill="#A9B0B7" fillRule="evenodd" /> </svg> <select class="select"> <option value="en" selected >English</option> <option value="sv" false >Svenska</option> <option value="fr" false >Français</option> <option value="es" false >Español</option> <option value="de" false >Deutsch</option> <option value="nl" false >Nederlands</option> <option value="nb" false >Norsk Bokmål</option> <option value="da" false >Dansk</option> <option value="fi" false >Suomen kieli</option> <option value="nl-be" false >Nederlands (België)</option> </select> </section> </form> <script type="text/javascript"> function switch_locale() { var new_locale = document.getElementById("locale_switcher").elements[0].value document.cookie = `locale=${new_locale}` // persist language for server side localStorage.setItem('locale', new_locale) // persists language for client side (should refactor all repos to just check cookie later, for consistency) window.location.reload(); } </script> </div> <div class="bottom"> <a class="logo" href="/"> <span class="ember-view mw-svg universe"> <svg width="207" height="16" viewBox="0 0 450 36" version="1.1" xmlns="http://www.w3.org/2000/svg" xmlns:xlink="http://www.w3.org/1999/xlink"> <g id="Page-1" stroke="none" stroke-width="1" fill="none" fill-rule="evenodd"> <g id="cobranding-website-footer"> <g id="Group-22_3_" 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