Welcome to MyNightOut ("we," "us," "our," or the "Company"), a marketplace for buying and selling tickets to various events. These Terms of Service ("Terms") govern your access to and use of MyNightOut's website, services, and applications (collectively, the "Platform").
For the purposes of these Terms:
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Platform.
The Platform is available only to individuals who are at least 18 years old or the age of majority in their jurisdiction, whichever is greater. By using MyNightOut, you represent and warrant that you meet this age requirement.
3.1. MyNightOut provides a platform for Users to buy and sell Tickets. We do not own, sell, or resell any Tickets directly. We are not a party to any transaction between Users.
3.2. MyNightOut is not responsible for the actions, content, information, or data of Sellers or other third parties. We do not control, supervise, or endorse the Tickets listed or sold on our Platform.
3.3. MyNightOut reserves the right, at our sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel orders.
3.4. MyNightOut charges a 5% fee + 50p on all ticket sales completed through the Platform.
4.1. While an account is not required to purchase Tickets, you may need to create an account to access certain features of the Platform.
4.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
4.3. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
5.1. Sellers are independent parties and not agents, employees, or representatives of MyNightOut. Sellers do not have any authority to bind MyNightOut or to make any representations or warranties on behalf of MyNightOut.
5.2. Sellers are responsible for: a) Accurately describing the Tickets they offer, including event details, ticket type, and any restrictions. b) Ensuring the Tickets are valid and functional. c) Complying with all applicable laws and regulations regarding ticket sales. d) Responding promptly to Buyer inquiries and issues. e) Understanding and adhering to these Terms. f) Paying all applicable taxes on their sales and complying with any tax reporting requirements.
5.3. Sellers acknowledge that they may be subject to additional terms or requirements imposed by event organizers or venues.
5.4. Sellers may choose to disable the use of Rep Codes for their Tickets.
5.5. MyNightOut reserves the right to remove any Seller from the Platform at our sole discretion, without prior notice or explanation.
6.1. Buyers are responsible for: a) Reviewing Ticket descriptions carefully before purchasing. b) Understanding the nature of the Ticket being purchased (e.g., physical ticket, account credentials, screenshot). c) Complying with the event organizer's terms and conditions. d) Using the Tickets only for their intended purpose and not reselling them unless explicitly permitted. e) Understanding and adhering to these Terms. f) Providing accurate contact information during checkout to ensure Ticket delivery.
6.2. Buyers acknowledge that access to any account credentials or digital Tickets may be temporary and expire after the event.
7.1. Rep Codes are promotional codes that offer discounts to Buyers and potential rewards to the code owners.
7.2. Rep Code rewards are paid out at the sole discretion of MyNightOut. MyNightOut reserves the right to withhold or cancel any Rep Code rewards at any time, for any reason.
7.3. Rep Code discounts and rewards (e.g., payouts) are variable and can be changed at any time without prior warning.
7.4. Users may not use their own Rep Codes for purchases.
7.5. Rep Codes may not be given inappropriate names, as determined at the sole discretion of MyNightOut. MyNightOut reserves the right to change or remove any Rep Code names without notice.
7.6. Having a Rep Code does not make you a representative of MyNightOut. Rep Code owners have no authority to make representations or commitments on behalf of MyNightOut.
7.7. The discount provided by a Rep Code is applied to the Ticket price. Sellers are responsible for paying the Rep Code reward from the purchase price of their Ticket.
7.8. MyNightOut reserves the right to modify, suspend, or terminate the Rep Code program at any time without prior notice.
Users agree not to engage in any of the following activities:
8.1. Violating any applicable laws, regulations, or third-party rights.
8.2. Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity.
8.3. Interfering with or disrupting the Platform or servers or networks connected to the Platform.
8.4. Attempting to gain unauthorized access to any part of the Platform or any other systems or networks connected to the Platform.
8.5. Using the Platform for any unlawful or fraudulent purpose.
8.6. Posting or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
8.7. Attempting to manipulate the Rep Code system or create fraudulent Rep Code rewards.
9.1. The Platform and its entire contents, features, and functionality are owned by MyNightOut, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
9.2. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as incidental to normal web browsing or as expressly permitted in writing by MyNightOut.
10.1. By posting, uploading, or submitting any content to the Platform, you grant MyNightOut a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of such content.
10.2. You represent and warrant that you own or control all rights in and to any content you submit and that such content does not violate these Terms or any applicable law.
11.1. MyNightOut collects and processes personal data as described in our Privacy Policy, which is incorporated by reference into these Terms.
11.2. MyNightOut collects and stores user data for the following purposes: a) Names and emails: Stored for promotional purposes, but users can opt-out of marketing communications. b) Purchasing habits: Tracked anonymously for internal analytics and to improve platform experience. c) Seller-buyer information: Sellers can view the names and emails of their buyers to facilitate communication.
11.3. MyNightOut does not share any user data with third parties, except as necessary to provide our services or as required by law.
12.1. Payments are processed securely through third-party payment processors. MyNightOut does not store or process any payment information directly.
12.2. MyNightOut charges a 5% fee + 50p on all ticket sales completed through the Platform. This fee is in addition to any other applicable fees or charges.
12.3. All fees are non-refundable unless otherwise stated or required by law.
13.1. Cancellation and refund policies may vary depending on the Seller and the specific Ticket. Users should review the cancellation and refund terms associated with each Ticket before completing a purchase.
13.2. MyNightOut reserves the right to issue refunds or cancel transactions at our sole discretion, including in cases of suspected fraud or violation of these Terms.
13.3. In the event of a refund, whether initiated by the Seller or MyNightOut: a) The Buyer will receive a refund of the purchase price, minus any non-refundable fees as specified at the time of purchase. b) The Seller will not receive payment for the cancelled sale. c) MyNightOut's fee may be non-refundable in some cases. d) Rep Code owners will not have their payouts refunded or clawed back. Rep Code payouts are considered earned at the time of the original sale.
13.4. If a Ticket is found to be invalid or fails to grant entry to the specified event, the Buyer must contact MyNightOut support within 24 hours of the event start time to be eligible for a refund.
13.5. In cases of event cancellation or significant date changes: a) Refunds will be processed according to the event organizer's policy. b) MyNightOut will facilitate refunds but is not responsible for the event organizer's decisions regarding refunds. c) Service fees may be non-refundable in these situations, as stated at the time of purchase.
13.6. Dispute Resolution Process: a) In case of disputes between Buyers and Sellers, both parties agree to first attempt to resolve the issue through MyNightOut's customer support. b) MyNightOut will review the case and make a decision based on the evidence provided by both parties. c) MyNightOut's decision in such disputes is final and binding.
13.7. Refund Processing: a) Refunds will be processed to the original payment method used for the purchase. b) Processing times for refunds may vary depending on the payment method and financial institutions involved. c) MyNightOut is not responsible for any delays in refund processing once the refund has been initiated.
13.8. Partial Refunds: a) In some cases, MyNightOut may issue partial refunds at its discretion. b) Partial refunds may be issued in cases of minor discrepancies between the Ticket description and the actual Ticket, or in other situations as determined by MyNightOut.
13.9. Refund Abuse: a) MyNightOut monitors refund patterns and reserves the right to refuse refunds to Users who abuse the refund system. b) Repeated refund requests may result in account suspension or termination.
13.10. MyNightOut reserves the right to modify the refund policy at any time. Any changes will be reflected in these Terms and applied to purchases made after the change is published.
14.1. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
14.2. MYNIGHTOUT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14.3. MYNIGHTOUT DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MYNIGHTOUT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; c) ANY CONTENT OBTAINED FROM THE PLATFORM; AND d) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
15.2. IN NO EVENT SHALL MYNIGHTOUT'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MYNIGHTOUT IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
You agree to defend, indemnify, and hold harmless MyNightOut and its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform.
17.1. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
17.2. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the courts of England and Wales.
18.1. In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties shall use their best efforts to settle the dispute, claim, question, or disagreement.
18.2. If the parties cannot reach a resolution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the London Court of International Arbitration in accordance with its rules.
19.1. MyNightOut reserves the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.
19.2. By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Platform.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
These Terms, our Privacy Policy, and any other legal notices published by us on the Platform, shall constitute the entire agreement between you and MyNightOut concerning the Platform.
For any questions or concerns regarding these Terms or our service, please contact us at [email protected].
Last updated: November 29, 2024