|Agreement:||the agreement constituted by Organiser’s acceptance of these terms on completing the Registration Form, any additional service-specific terms (such as the Call Centre Terms), and the details of Organiser’s subscription on the Registration Form.|
|API:||means an application program interface from the Organiser Property to the Services, which may be used as an alternative to the SDK.|
|Attendee:||a person purchasing a Ticket.|
|Booking Fee:||means any sums specified in a Listing which are stated to payable by an Attendee in addition to the Ticket Price;|
|Charges:||Subscription Fees and Transaction Fees.|
|Confirmation Email:||an email sent by Line-Up on behalf of the Organiser, confirming the details of the Ticket Price, Booking Fee, and the Event and the Minimum Consumer Information as provided to Line-Up by the Organiser by means of the Dashboard.|
|Dashboard:||the panel on the Lineupnow.com website through which Organisers can set up their Listings and manage, optimise and analyse their activity on the Service.|
|Effective Date:||means (i) if the Organiser is a subscriber, the start date of Organiser’s Initial Subscription Term as specified in the Registration Form; and (ii) if the Organiser is not a Subscriber, the date on which the Registration Form is completed and submitted by the Organiser.|
|Event:||a concert, entertainment or other gathering, experience or attraction which is the subject of a Listing.|
|Initial Subscription Term:||for Subscribers, the initial term of this agreement as set out in the Registration Form.|
|Line-Up:||Planvine Ltd, a limited company registered in England and Wales under company number 07433966 with its registered office at 8 Pipers Close, Burnham, Slough, Buckinghamsire, SL1 8AW.|
|Listing:||details of an event to be hosted by the Organiser in respect of which it uses the Services to sell Tickets;|
|Minimum Consumer Information:||the information required to be stated in the Listing and the Confirmation Email as required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.|
|Normal Business Hours:||9.00 am to 5:30 pm local UK time, each day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.|
|Organiser Data:||the data input by the Organiser for the purpose of using the Services or facilitating the Organiser's use of the Services, including the content of any Listings.|
|Organiser Property:||the website, app or other online property from which the Organiser sells Tickets, as specified in the Registration Form;|
|Organiser User:||any person to whom the Organiser provides access to or otherwise makes available the Service in whole or in part in any form.|
|Organiser:||the partnership or corporate entity specified on a Registration Form.|
|Payment Services Provider:||a third party, including Stripe Payments UK Ltd, by means of which the Ticket Price and Booking Fee are processed.|
|Renewal Period:||the period described in clause 14.2.|
|SDK:||software provided by Line-Up, that the Organiser can place on the Organiser Property to enable visitors to access and view Listings and buy Tickets by means of the Services, and includes any upgrades, enhancements or modifications to the SDK.|
|Service Description:||the document made available to the Organiser by Line-Up online here or such other web address notified by Line-Up to the Organiser from time to time which sets out a description of the Services and the user instructions for the Services.|
|Services:||the subscription ticket selling services provided by Line-Up to the Organiser under this agreement by means of the Dashboard, the SDK and the API.|
|Subscriber:||an Organiser who registers to use the Services on a periodic subscription basis.|
|Subscription Fees:||the subscription fees payable by a Subscriber to Line-Up for the Organiser User Subscriptions, as set out in the Registration Form.|
|Subscription Term:||has the meaning given in clause 14.2 (being the Initial Subscription Term together with any subsequent Renewal Periods).|
|Subscription Type:||any of the standard subscription options offered by Line-Up from time to time.|
|Term:||the term of this agreement.|
|Ticket Price:||means the price of a Ticket specified by the Organiser in a Listing, not including the Booking Fee.|
|Ticket:||the right of entry to an Event which is the subject of a Listing.|
|Transaction Fee:||means the percentage of the gross Ticket Price and Booking Fee payable by the Organiser to Line-Up as specified in the Registration Form (or as otherwise agreed in writing by the Organiser and Line-Up).|
|Virus:||any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.|
|“writing” or “written”:||includes email and communication by means of the Dashboard.|
Line-Up reserves the right, without liability or prejudice to its other rights to the Organiser, to disable the Organiser's access to any material that breaches the provisions of this clause. Line-Up shall fully co-operate with any law enforcement authorities or court order requesting or directing Line-Up to disclose the identity or locate anyone posting any material in breach of clause 2.2 and 2.3.
in order to provide the Services, including but not limited to Organiser Data, security access information and configuration services;
and the Initial Subscription Term together with any subsequent Renewal Periods shall constitute the Subscription Term.
Line-Up shall have no liability to the Organiser under this agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Line-Up or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Organiser is notified of such an event and its expected duration.
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
The Services are provided by Line-Up to the Organiser in a supplier-customer capacity. Line-Up is not a ticketing agency. Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
This agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).