Terms of Use for The Little Group.

Website and Applications Terms of Use + LittleTix Ticket Terms and Conditions

Last Revised: January 22nd, 2024

1. INTRODUCTION

1.1 To utilize our services, users must agree to these terms, which should be carefully reviewed before accessing our services. These terms form a legally binding agreement between LittleTix and the user. If you do not agree with these terms, please refrain from using our services. 

2. DEFINITIONS

2.1 In this agreement, the following terms have the specified meanings:

2.2 Singular terms include the plural, and vice versa. Terms denoting any gender apply to all genders, and terms referring to persons encompass individuals and corporate entities.

3. COMMENCEMENT OF TERMS’ APPLICABILITY

These Terms are effective from the moment a user registers to use the Website and/or utilizes the Service and will remain in force unless terminated in accordance with these Terms.

4. VARIATION OF TERMS

LittleTix may modify these Terms at any time. Such modifications will become effective immediately upon their posting on the Website or notification to the User, as determined by LittleTix. By continuing to use the Service after any such modification, the User is deemed to have accepted the changes.

5. USE OF THE SERVICE BY THE USER

5.1. Users are responsible for acquiring and maintaining their own User's Equipment. LittleTix has no responsibility or liability regarding the User's Equipment.

5.2. Users must ensure that their use of the Service complies with all applicable data protection and other laws, licenses, codes of practice, and regulations.

5.3. The Service may only be used by the User or a duly authorized officer, agent, or representative of the User and not by any third party.

5.4. Users must not allow others to copy, store, modify, transmit, distribute, or broadcast any part of the Content unless necessary for using the Service in accordance with these Terms.

5.5. LittleTix reserves the right, at its sole discretion, to refuse User registrations or limit User access to the Service at any time.

5.6 Users agree that Promoters and Venues may access their name and email address as attendees of an event or booking. This access does not grant them permission to market to Users unless explicitly stated.

5.7 Users agree that LittleTix may use any video footage or photography obtained during the recording of a promotional video or picture.

6. TICKET SALES

Users acknowledge and agree that:

6.1 LittleTix acts as the agent of the Promoter for Event ticket transactions between the User and the CustomerPromoter upon payment of the relevant Ticketing fee.

6.2 For bookings at Venues requiring a deposit, LittleTix acts as the agent of the Venue for such bookings between the User and the Venue upon payment of the relevant deposit.

6.3 Payment of the correct Ticketing fee or deposit discharges the User's debt to the Promoter or Venue.

6.4 LittleTix does not act as an agent for Users who are not Promoters or Venues.

6.5 When attending ticketed events bought through LittleTix or making a booking through LittleTix, Users agree that any captured film or photography of them at the event/venue can be used for promotional purposes only. 

6a. NORMAL PAY TICKET SALES

6a.1. Tickets for Events or bookings for Venues sold through LittleTix's normal pay method are processed through LittleTix's own online merchant and bank account. Transactions of this nature are covered by this clause 6a.

6a.2. Refunds for bookings at Venues are subject to the Venue's refund policy at its sole discretion. It is the User's responsibility to check the Venue's policy before making a booking.

6a.3. Refunds for Tickets and Events prior to the Event are subject to the Event's Promoter's discretion, as they are not legally required to refund Tickets for Events where the User changes their mind about attending. Users should check the relevant Event policy with the Promoter before purchasing Tickets.

6a.4. If an Event is canceled, the Promoter takes full responsibility for the refund, informs the User prior to cancellation, and entitles the User to a refund, subject to clause 6a.5.

6a.5 If a refund is to be granted by the Promoter or Venue, and LittleTix has not transferred the User's monies to the Promoter or Venue, LittleTix will endeavor to refund the User's monies within 30 days. If the User's monies have been transferred to the Promoter or Venue, LittleTix has no obligation to refund the User's monies, and the Promoter or Venue undertakes to refund the User directly. LittleTix will provide the User with contact information to obtain a refund directly from the Promoter or Venue. Transaction handling fees for Ticket or Venue bookings will only be refunded if the delivery or handling service has not been provided.

6a.6 Any refunds requested by the User are the responsibility and discretion of the Promoter only. The User agrees to the Promoter's terms and conditions stated on the issued ticket and on their ticket web page

6a.7 If events organised by LittleTix cannot happen due to Covid-induced lockdowns then a free transfer is available to customers to other dates and or events.

6a.8 All tickets are non refundable. Tickets can be transferred or a name can be changed but we are unable to refund tickets purchased. Note a transfer fee will apply for all tickets and is at the discretion of each event organiser.

6b. DIRECT PAY TICKET SALES

6b.1. Tickets sold through LittleTix direct pay method, are Tickets sold for Events advertised by Promoters and bookings at Venues, where transactions are processed through the Promoter's or Venue’s (as applicable) merchant account, not LittleTix. Transactions of this nature are covered by this clause 6b.

6b.2. The Event Promoters and Venues are directly responsible for setting their own terms and conditions, including cancellation and refund policy.

6b.3. It is the responsibility of the User wishing to purchase a Ticket for an Event or book a Venue to check the terms referred to in 6b.2 above with the Promoter or Venue (as applicable) before the purchase of any Tickets or booking of a Venue.

6b.4. LittleTix is in no way responsible for Tickets or bookings for Venues sold through the direct pay method and has no authority to issue refunds. Users must contact the relevant Promoter or Venue regarding any refund and the Promoter or Venue (as applicable) hereby expressly undertakes to pay such refunds as are due to Users in accordance with its terms and conditions.

6b.5 Any refunds requested by the User are the responsibility and discretion of the Promoter only. The User through buying a ticket on LittleTix commits to the Promoter's own terms and condition stated on the issued ticket and on their ticket web page.

7. INTELLECTUAL PROPERTY

7.1. All rights in the design, text, graphics, music, photographs, sound, video and other material on the Website and the selection or arrangement thereof are the copyright of LittleTix or other third parties.

7.2. The User must not modify the paper or digital copies of any materials they have printed off or downloaded from the Website in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

7.3. The User must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from LittleTix.

7.4. If the User prints off, copies or downloads any part of the Website in breach of these Terms, the User shall have no further rights to use the Website or Service and the User must, at LittleTix option, return or destroy any copies of the materials they have made.

7.5 Any Tickets issued by LittleTix are the intellectual property of LittleTix and it reserves all rights to place whatever advertising on such Tickets as it sees fit.

8. USERS’ WARRANTIES AND REPRESENTATIONS

8.1. The User warrants to LittleTix that its use of the Service shall:

8.1.1. not be in breach of any contractual, statutory or common law rights of any third party (including but not limited to infringement of Intellectual Property Rights, data protection, defamation, theft, fraud, drug-trafficking, money-laundering and terrorism statutes);

8.1.2. not entail the obtaining or attempting to obtain, the Service by re-arranging, tampering with, or connecting with any facilities of LittleTix, or by any trick, scheme, false representation or by or through any other fraudulent means whatsoever;

8.1.3. not entail the obtaining, accessing, altering or destroying any one or more from the data files, programs, procedures and information of LittleTix or of another User of the Service;

8.1.4. attempting and/or assisting another to perform the acts prohibited in 8.1.2 and 8.1.2 above;

8.1.5. not interfere unreasonably with the use of the Service by any other User or authorised person;

8.1.6. not be threatening, fraudulent, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate as determined by LittleTix at its sole discretion; and

8.1.7. not cause any PDPs to be transmitted to the Server.

8.2. The User warrants that all the information that it supplies to LittleTix shall be accurate, complete and true in all respects and the User agrees that it shall notify LittleTix immediately of any changes to such information or if such information becomes out of date.

8.3 Breach of any of these warranties shall result in the User being banned from using the Service by LittleTix acting in its sole discretion, without prejudice to any claim or rights LittleTix may have relating to such breach.

9. EXCLUSION OF WARRANTIES / LIMITATION OF LIABILITY

9.1 No liability for attending Events and/or Venues: The User acknowledges and accepts that LittleTix is purely a platform for Users to find Promoters/Events and Venues and acts as agent of the Promoter and/or Venue to enable Users to conclude ticket purchases or bookings. LittleTix does not have any control over any Promoter, Event or Venue or the service provided by such Promoter, Event or Venue, and accordingly takes no responsibility for damages, injury or loss of any kind incurred by the User from attending an Event and/or Venue via Tickets purchased or a booking made via the Website, or a User being refused access to an Event or Venue for not complying with the Event or Venue regulations. In such circumstances the Venue or Promoter (as applicable) will be directly liable to the User, however it is the responsibility of the User to familiarise themselves with the Venue’s or Promoter’s (as applicable) rules and regulations prior to attending the Venue and/or Event.

9.2. The Service is provided "as is" without any warranty of any kind either express or implied. On occasion the Service may be interrupted or suffer technical errors due to factors beyond our control. LittleTix shall use reasonable endeavours to rectify any issues. LittleTix monitors its systems to ensure that all automated facilities may be available for ‘Out of Hours’ service, however this is not a given. In relation to Promoters and Venues, LittleTix will offer technical support of its own systems during normal working hours, but is not responsible for the technical support of any Promoter’s or Venue’s website, hardware or systems. LittleTix are not responsible for the promotion of Venues, Events or Ticket sales, and use of the Service by a Promoter and/or Venue does not guarantee the sale of any Tickets or any bookings at such Venue respectively.

9.3. Subject to clause 9.5, LittleTix (including its directors, employees or other representatives) will be not be liable for loss of profits; loss of business or revenue; consequential damages; depletion of goodwill or similar losses; loss of anticipated savings; loss of goods; loss of use; loss or corruption of data or information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses in connection with the use of the Service.

9.4. Subject to clause 9.3 and 9.5, in the event that LittleTix incurs any liability, such liability shall in all cases be limited to:-

a) in relation to Users who have booked a Venue or purchased Tickets for an Event, one hundred pounds or the price of any applicable Tickets purchased/booking made for a Venue, whichever is the higher;

b) in relation to Venues, the fees actually paid by the Venue in question to LittleTix in the year preceding the date on which the latest event giving rise to the loss occurred;

c) in relation to Promoters the amount of commission actually paid to LittleTix in respect of the Event in question;

d) in relation to Reps, the value of any fees paid to such Rep within the 3 months preceding the date on which the latest event giving rise to the loss occurred.

9.5. Notwithstanding the foregoing, none of the exclusions or limitation in this clause 9 are intended to limit any rights a User may have as a consumer under local law or statutory rights which may not be excluded, nor in any way exclude or limit LittleTix's liability to a User for fraud, or death or personal injury resulting from LittleTix's negligence or that of LittleTix's employees or agents.

10. INDEMNITY RELATING TO PROMOTERS AND VENUES ONLY

Promoters and Venues shall indemnify and hold LittleTix harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, LittleTix as a result of or in connection with any claim made against LittleTix in respect of any liability, loss, damage, injury, cost or expense sustained by LittleTix's employees or agents or by any User or third party to the extent that such liability, loss, damage, injury, cost or expense was caused by, relates to or arises from attendance by a User of an Event or a Venue itself, or is as a consequence of a breach or negligent performance or failure or delay in performance of the obligations of the Venue and/or Promoter under these Terms.

11. TERMINATION

11.1. Any party may terminate the contractual agreement governed by these Terms immediately by notifying the other party in writing, without prejudice to any rights or claims accrued by either party prior to the date of termination under these Terms. Upon termination the User shall cease to have any right to use the Website or Service.

11.2 In the event that a Venue or Promoter fails to pay any fees agreed separately in writing with LittleTix for use of the Service, then LittleTix may terminate the Promoter’s or Venue’s (as applicable) use of the Website and Service with immediate effect acting in its sole discretion, without prejudice to any claim or rights LittleTix may have prior to such termination.

12. WAIVER

Failure or neglect by LittleTix to enforce at any time any of the provisions hereof shall not be construed nor shall be deemed to be a waiver of LittleTix's rights hereunder nor in any way affect the validity of the whole or any part of these Terms nor prejudice LittleTix's rights to take subsequent action.

13. ASSIGNMENT

13.1. Neither these Terms nor the benefit of the Service may be assigned or transferred by the User whether voluntarily or involuntarily or by operation of law, in whole or in part, to any party without the prior written consent of LittleTix, and LittleTix reserves the right to charge for any time or costs incurred by its staff in so doing. No such assignment by the User howsoever occurring shall relieve the User of its obligations hereunder.

13.2. LittleTix is entitled to assign or transfer any or all of its rights and obligations under these Terms or the benefit of the Service at any time without the need for any consent from any User (including a Promoter and/or Venue).

14. TERMS RELATING TO REPS ONLY

14.1. LittleTix provide a platform and functionality for Reps to enable them to promote Tickets on behalf of Promoters.

14.2. The commission rate is set by the Promoter, not LittleTix.

14.3. Under no circumstances are Reps considered to be ‘employees’ of LittleTix or the Promoter.

14.4 Reps should report any technical issues with the rep platform to LittleTix.

14.5 LittleTix shall not liable for any loss incurred by technical issues on the Website.

14.6. All commissions are tracked through the Rep’s individual tracking link.

14.6.1. Commission will only be paid for sales of Tickets that come through to the Promoter’s event page through the Rep’s individual tracking link.

14.6.2. Where Events are cancelled, or the Ticket is refunded for any reason, commission will not be paid to the Rep under any circumstances.

14.6.3. LittleTix will not owe any commission to a Rep in respect of a Ticket sold by the Rep, unless and until it has received the corresponding payment for such Ticket from the Promoter.

14.6.4. Reps can only make a withdrawal on funds from accrued commission providing the total is more than £10.

14.6.5. Subject to the other sub-clauses of this clause 14.6, commission will only be paid once the event date relating to the Ticket has passed and at the latest within 60 days of the event.

15. TERMS RELATING TO PROMOTERS ONLY

15.1. LittleTix reserves the right to withhold funds (i) at any time as HIDDEN determines to be necessary for the processing and settlement of all refunds, disputed charges, charge backs, customer complaints, allegations of fraud, and other discrepancies (ii) in the event that the Promoter has outstanding debts to HIDDEN, in which case it may withhold all revenue for Tickets sold until such debts are paid and cleared in full and (iii) as otherwise permitted pursuant to these Terms.

15.2. Promoters agree that all revenue from Tickets for an Event is only due and payable to Promoters following conclusion of the applicable Event (even if LittleTix sends advance sums to the Promoter under clause 15.4) and all revenues from Tickets sold via the Website ultimately due will be net of all service fees and commissions which shall be retained by LittleTix, and any refunds, disputed charges, charge backs and other deductions which LittleTix judges necessary, acting in its sole discretion, in order that it may settle any issues with its Users who have purchased relevant Tickets.

15.3. If (i) payments have already been made by LittleTix to a Promoter for Tickets sold by LittleTix to a User under clause 6a or (ii) the User purchases Tickets for an Event under clause 6b (Direct Pay Ticket Sales), and that Event is cancelled, such Promoter will immediately issue refunds directly to Users who have purchased a Ticket via the Website for the cancelled Event, within ten working days of the date on which the Event is cancelled.

15.4. The Promoter agrees that any payment by LittleTix of revenue from Tickets sold under clause 6a prior to three working days after the Event date of the applicable event are merely advances of amounts that may become due to the Promoter under these Terms and that LittleTix may demand such advances back, in its sole discretion, and the Promoter shall thereupon within 5 working days, after such demand, pay back LittleTix such advance or any portion thereof demanded by LittleTix.

15.5. All communications or disputes regarding refunds are between the Promoter and User who purchased Tickets on the Website, and LittleTix will not be responsible or liable for, and the Promoter hereby agrees to fully indemnify LittleTix and its affiliates for any claims for refunds, errors in issuing refunds, or lack of refunds, and/or charge backs and associated costs incurred by LittleTix in connection with the purchase of Tickets via the Website.

15.6. All Promoters acknowledge and agree that LittleTix shall have the right to force a refund of any or all Tickets at any time if LittleTix receives complaints from a substantial number (as determined by LittleTix in its sole discretion) of Users with respect to the applicable Event or another Event held by a Promoter, or LittleTix determines in its sole discretion that a Promoter has engaged in any fraudulent activity or made any misrepresentations.

15.7. LittleTix uses secure payment systems, but in the case that any fraudulent purchase made by a customer and a charge back occurs in respect of a payment that LittleTix has transferred to the Promoter, then LittleTix will invoice the Promoter for such charge back to be paid to LittleTix within 5 days of receipt of invoice and may deduct such sums owed to it by the Promoter from any revenue taken by LittleTix on behalf of the Promoter, even where this relates to a different Event.

15.8. Any funds due to the Promoter will be remitted to the Promoter within 3-5 working days after the relevant Event to a bank account nominated by the Promoter prior to this date or as otherwise agreed in writing with LittleTix.

15.9. All booking fees and commission rates charged by LittleTix subject to VAT which will be added on to such fees and commissions.

15.10. All Promoters must use the LittleTix ticket widget/link provided by LittleTix on their websites for selling Tickets to Events unless separate agreement to the contrary is made between the Promoter and LittleTix in writing.

15.11 LittleTix reserves the right to remove and halt ticket sales and any associated promotion of the Promoters event at their discretion.

15.12 Any commission owed to LittleTix by Promoters for ticket sales is non refundable once the net payment has been made to the Promoter for ticket sales.

15.13 If a Chargeback is raised by a User for any events run by the Promoter, we reserve the right to refund the payment to the cardholder at any time.

15.14 If we suspect fraud on any transactions relating to the Promoters events, we reserve the right to cancel and refund the purchase.

16. NOTICES

Any notice required or permitted under these Terms or required by statute, law or regulation shall (unless otherwise provided) be in writing and shall be delivered in person, or sent by registered mail or air mail as appropriate, properly posted and fully prepaid in an envelope properly addressed to LittleTix as follows:

110 WELLINGTON STREET, COLLINGWOOD VIC 3066

or to such other address as may from time be designated by notice set out on the Website or otherwise notified to the User. LittleTix may either email Users at the email address provided by such User or notify Users of any matter by displaying a message on the Website (at its sole discretion).

Any such notice displayed on the Website shall be considered to be received within six working days after it was posted on the Website, and if emailed to a User, at the time the email was sent.

17. INVALIDITY

If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

18. ENTIRE AGREEMENT

These Terms supersede any arrangements, understanding, promises or agreements made or existing between the parties hereto prior to these Terms in respect of the Service and constitute the entire understanding between the parties hereto regarding the same. Except as otherwise provided herein, no addition, amendment to or modification of these Terms shall be effective unless it is in writing and signed by and on behalf of both parties.

19. THIRD PARTIES

Nothing in these Terms confers or purports to confer on any third party who is not a User (or a Venue or Promoter or Rep), any benefit of any right to enforce any of these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999.

20. CONFLICT

In relation to Promoters and Venues only where relevant, in the event of any conflict between these Terms and the terms governing use of the LittleTix Software, then the terms relating to the LittleTix Software shall prevail.

21. LAW

These Terms shall be governed and construed in accordance with English Law and parties hereby submit themselves to the exclusive jurisdiction of the English Courts in respect of any claim (including non-contractual disputes or claims).