Terms and conditions of service for Sell Tickets App for Wix

Last updated 16th Mar 2021

1. Introduction

This page, together with our Privacy Policy tells you information about us and the legal terms and conditions (the "Terms") on which we make available to you the online ticket-selling software solution (the "Service").

Please read these Terms carefully and make sure that you understand them before signing up to the Service.

2. Information about us

Tickettailor.com, sellticketsapp.com and buytickets.at and any of their sub-domains is a site operated by Sell Tickets App for Wix by Zimma Software Ltd ("We” or the “Provider"). We are registered in England and Wales under company number 13215642 and have our registered office at Unit 6, 14A Andre St, London, E8 2AA. Our VAT number is GB184622203.

You can contact us by writing to us at wix@sellticketsapp.com.

3. Our contract with you

You agree to these Terms and you enter into a binding contract with us when you sign up for a Sell Tickets App for Wix account by clicking “Sign Up” or similar buttons on our website or download or install any of our apps. If you do not agree to any portion of these Terms of Service, please do not use or access the Service.

We may amend these Terms from time to time. You should check this page from time to time to review the then current Terms, as they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms: (a) located on particular pages at the website; or (b) notified to you, from time to time.

4. Your use of the service

You shall:

provide us with such information and material as we may reasonably require in order to supply the Services and ensure that such information is accurate in all material respects;
maintain and promptly update all information and material as may be required by us in order to supply the Services to keep it true, accurate and complete; and
cooperate with us in all matters relating to the Service.

You may use the Service to sell tickets online only if you are the event organiser or an authorised ticket seller (and have the event organisers expressed written permission) for all the events you are selling tickets for. If you will be using the Services on behalf of an entity, you agree to these Terms on behalf of that entity and represent that you have the authority to do so.

Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Provider's control. Your access to the Service may also be suspended, or your account may be cancelled at any point, at our discretion, including (but not limited to) if we suspect that you are using the Service for fraudulent or criminal purposes, if we are advised to by law enforcement agencies or if you have failed to pay the service fee (in which case we would typically notify you in advance of the non-payment).

You acknowledge that the Service may cease to be available at any time due to circumstances outside of our control.

5. Payment methods

Sell Tickets App for Wix is an online service provided through the Wix App Store. For any terms relating to billing you should consult with Wix directly.

6. Our relationship with the payment providers

All amounts payable to you pursuant to the Service are payable using external payment providers (including paypal and stripe). Accordingly, you will be bound by the terms and conditions that govern the relevant external payment providers’ relationships with their customers.

We are not affiliated with, and have no agency or employment relationship with, any external payment provider and have no responsibility for, and hereby disclaim all liability (including, but not limited to) any losses, costs, fees and penalties of whatever nature arising from, the acts and omissions of any external payment provider.

7. Our relationship with your customers

We provide the Service to you and have no direct relationship with your customers. When you sell tickets to your customers through the Service, the contractual relationship is between you and your customers. You are responsible for providing your own terms of sale with your customers and accordingly, we will direct any customers who direct queries regarding your events to you. You agree not to refer your customers to us for support.

Please see section 10 below for how we use your customer's personal information.

You shall hold us harmless, and indemnify us, against all claims, costs and damages (both actual and consequential) arising out of, or in any way, connected with:

any dispute(s) with one or more of your customers;
any failure to comply with paragraph 10 of these Terms; and/or
your relationship with your customers.

8. Use of our website

Your use of our website is governed by the standard Ticket Tailor Website Terms of Use. Please take the time to read these, as they contain important terms which apply to you.

9. How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes some important terms which apply to you.

10. Use of customer's personal information

Protection of personal information is very important to us. We will comply with the General Data Protection Regulation ((EU) 2016/679) (the “GDPR”) for so long as the GDPR is directly effective in the UK and any other laws and regulations enacted from time to time in the UK relating to data protection and privacy, including any law or regulation giving effect to the GDPR or otherwise replacing the Data Protection Act 1998, irrespective of whether GDPR continues to have direct effect in the UK (“Data Protection Law”).

For any personal information of your customers and event attendees that we handle as part of the Service ("Customer Data"), we and you both agree that you are the “data controller” and we are the “data processor” in relation to that data.

Accordingly, you hereby agree that:

you will comply with Data Protections Law in relation to your handling of Customer Data, including informing the customers and event attendees or how their Customer Data will be handled by you and by us;
you have sole responsibility for establishing and maintaining the lawful basis of the our processing of Customer Data under these Terms, including where applicable the obtaining of all necessary consents from the customers and event attendees; and
where you export your Customer Data during your use of the Service (for example exporting a list as a spreadsheet, downloading data to the check-in app, or synchronising a MailChimp account), you are responsible for ensuring that your use of that Customer Data is compliant with data protection laws and the terms in place between you and your customer and/or event attendee.

A description of our processing of Customer Data is set out in Appendix 1 to these Terms.

In respect of our handling of the Customer Data, we agree that we shall:

process the Customer Data only in accordance with lawful instructions reasonably given by you to us from time to time, or as otherwise required by law. You hereby instruct us to use the Customer Data to perform the Service and as otherwise described in these Terms. Such instructions are your complete and final instructions to us for the use of Customer Data. We shall not be bound by additional or alternative instructions except pursuant to our mutual written agreement;
notify you if, in our opinion, an instruction from you infringes any Data Protection Law (provided always that you acknowledge that you remain solely responsible for obtaining independent legal advice regarding the legality of your instructions and that a failure or delay by us to identify that an instruction infringes Data Protection Law shall not cause us to be in breach of our terms nor relieve you from your liability under this these terms);
ensure that our personnel engaged in the handling of Customer Data are informed of the confidential nature of the Customer Data and are subject to binding confidentiality obligations;
employ appropriate technical and organisational measures to protect Customer Data which are equivalent to the measures that we take to protect our clients’ personal information (as set out in the Privacy Policy) and, where applicable, assist you in complying with your security obligations and performing privacy impact assessments under Data Protection Law ;
inform you promptly if any Customer Data is lost or destroyed or becomes damaged, corrupted, or unusable or is otherwise subject to unauthorised or unlawful processing, including unauthorised or unlawful access or disclosure;
to the extent permitted by law, promptly notify you upon receipt of any request from a customer or event attendee to access, correct, amend, transfer or delete such person’s Customer Data consistent with that person’s rights under Data Protection Law and, at your cost, provide all reasonable assistance to you in relation to such request;
on termination of the Service, we will return, or destroy (at your direction), Customer Data in our possession or control unless applicable laws require the continued storage of such Customer Data. Such deletion may take us up to 7 days to action and, following deletion from our live systems, it may take up to a further 14 days for the data to be deleted from our back-up tapes; and
make available to you all information reasonably required to demonstrate compliance with this section 10 and, at your cost and no more than once each 12 month period, contribute to audits conducted by you or another third party professional independent auditor mandated by you.

You acknowledge and agree that, as a data processor, we may appoint sub-processors to process Customer Data in connection with the provision of the Service, in which case we will ensure that our contracts with our sub-processors impose on the sub-processors obligations that are equivalent to the obligations to which we are subject to under this section 10 and that we will be responsible for the acts and omissions of our sub-processors in respect of their handling of Customer Data.

A list of sub-processors can be found in Appendix 2. We will inform you in advance of granting any sub-processor not included in such list access to Customer Data.

You acknowledge that we are reliant on you for direction as to the extent to which we are entitled to use and process the Customer Data. Consequently, we will not be liable for any claim brought by a customer or event attendee arising from any action or omission by us, to the extent that such action or omission resulted from your instructions.

When transactional emails (e.g. order confirmation emails) are sent out to your customers and event attendees, your account email address may be specified by default as the 'reply-to' address in the email to make it convenient for your customers and event attendees to reply directly to you with any questions. If this is the case then you can change these settings in the control panel if you do not wish your account email address to be exposed to ticket buyers, but please be aware that we will still direct all queries and complaints that we receive from your customers and event attendees to you.

On uninstalling or deleting the Sell Tickets App for Wix we will delete your account data and your customer data. Otherwise we will keep your account open (and therefore retain your customer data so that it is available to you) for 24 months after your last sign in or 36 months since your last ticket was sold in case you decide to use our services again. Prior to closing your account and deleting your customer data we will attempt to send warning emails to your account email address so that you have an opportunity to keep your account open or backup any data that you need. We may contact you about our services during this time (unless you have asked us not to contact you).

In providing the Service, we may transfer personal information (including Customer Data) to third party service providers, which may store and process this personal information on servers located outside of the EEA (including for data back-up purposes). If we transfer Customer Data outside of the EEA in this way, we will take the appropriate steps to ensure that the Customer Data continues to be protected (typically through the third party agreeing to comply with European Commission approved contractual obligations in their standard terms). By agreeing to these terms you demonstrate your acceptance to any such transfer.

11. Intellectual property rights

All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by Us You acknowledge that, in respect of any third party Intellectual Property Rights, your use of any such Intellectual Property Rights is conditional on Us obtaining a written licence from the relevant licensor on such terms as will entitle Us to license such rights to you. All materials, equipment, documents and other property of us are our exclusive property.

For the purposes of this section, “Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

13. Disclaimer

While we endeavour to ensure that the Service is available 24 hours a day, we do not guarantee the availability of the Service and shall not be liable if for any reason the Service is unavailable at any time or for any period.

Access to the Service may be suspended temporarily or permanently and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

We do not warrant the accuracy and completeness of the material on the website. We may make changes to the material on the website, or to the functionality of the Service, at any time without notice. The material on the website may be out of date, and we make no commitment to update such material.

The Service (including all hardware and software comprising the Service) and the material on the website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the website and the Service on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms, might have effect in relation to the website or the Service.

14. Liability

We and our employees and agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of business, loss of income, loss of profits, loss of goodwill, loss or corruption of data, or loss or damage arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the website or Service in any way or in connection with the use, inability to use or the results of use of the website or the Service, any website linked to the website or the material on those websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your use of the website or the Service or mobile apps for event check-in.

Nothing in this legal notice shall exclude or limit our liability for:

death or personal injury caused by our negligence;
any damage incurred by you as a result of our fraud or fraudulent misrepresentation; or
any other liability which cannot be excluded or limited under applicable law.

You shall hold Us harmless, and indemnify Us, against all costs claims and damages (both actual and consequential) arising out of any breach by You of these Terms.

15. Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction or the English courts.

Appendix 1

Subject matter of the processing	The processing of Customer Data to the extent necessary for the provision of the Service to you.
Duration of the processing	The period of time during which you continue to use the Service and the longer of such additional period as: (i) is specified in any provisions of these Terms regarding data retention; and (ii) is required for compliance with law.
Nature of the processing	Such processing as is necessary to enable us to comply with our obligations and exercise your rights under these Terms, including collection, recording, structuring, storage, retrieval, use, disclosure by transmission, erasure, or destruction.
Purpose of the processing	The performance of our obligations and exercise of your rights under these Terms, including the provision of the Services
Personal information types	Personal information provided to us by or on behalf of you, including personal information provided directly to us by a customer or event attendee or third party. The personal information processed under these Terms will include (depending on the scope of Services provided and the data you choose to collect): name, home address, date of birth, email address and telephone number.
Categories of data subjects	Personal information related to your customers and event attendees.
Obligations and rights of the controller	As set out in the Terms.

Appendix 2 - Sub-processors

Company	What we use them for
Amazon Web Services (AWS)	Hosting, database, and backup infrastructure. We only use AWS infrastructure located physically within the European Union.
SparkPost	Email sending infrastructure. When emails are sent out from Ticket Tailor (such as a ticket email, or a contact form message), we use SparkPost to send them. We only use SparkPost infrastructure located physically within the European Union.
Google Suite	Google Suite provide us with business email accounts. We send copies of transactional emails to internal email accounts for logs and accountability.
Cloudflare	DNS, caching and additional security tools. This allows us to deliver a fast responding website, minimising downtime, whilst also protecting ourselves from malicious attacks. Cloudflare has data centres around the world, so your location determines which of their servers are used.
Stripe - if you select this as your chosen payment processor	Payment processing for your event ticket shop. Stripe infrastructure is located physically within the European Union.
PayPal - if you select this as your chosen payment processor	Payment processing for your event ticket shop. PayPal infrastructure is located in the United States.