Terms and conditions of service for Sell Tickets App for Wix by Ticket Tailor

Last updated 24th May 2018

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 Ticket Tailor, which is the trading name of Zimma Ltd ("We” or the “Provider"). We are registered in England and Wales under company number 07583551 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 Certain provisions of these Terms may be superseded by expressly designated legal notices or terms: (a) located on particular pages at the website; or (b) notified to you, from time to time.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:

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: 

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:

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:

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: 

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

GDPR Protection

What we use them for

Amazon Web Services (AWS)

Servers and databases located in the EU.

AWS provide us with our hosting, database, and backup infrastructure. All of our servers are located in Ireland.

Sendgrid

Privacy Shield Certified - https://sendgrid.com/policies/privacy/privacy-shield-certification/

Signed DPA

Sendgrid provide us with reliable email sending infrastructure. When emails are sent out from Ticket Tailor (such as a ticket email, or a contact form message), we use Sendgrid to send them.

Google Suite

Privacy Shield Certified - https://cloud.google.com/security/compliance/privacy-shield/

Agreed to their DPA

Google Suite provide us with business email accounts. We send copies of transactional emails to internal email accounts for logs and accountability.

Cloudflare

Privacy Shield Certified - https://www.cloudflare.com/privacyshield/

Signed DPA

Cloudflare provide us with our DNS, caching, and provide us with additional security tools. This allows us to deliver a fast responding website, minimising downtime, whilst also protecting ourselves from malicious attacks.

Occasionally, we may also use the following tools although this is not standard.

Company

GDPR Protection

What we use them for

Slack

Privacy Shield Certified - https://slack.com/gdpr

Signed DPA

Slack provide us with internal team communication. If we need to communicate internally about an issue on an account they we may need to share attendee data (e.g. if there is an issue with an order we might share screenshot, or an issue with a data export we may need to share a CSV) through the Slack messaging platform.