Last Updated 18 October 2022.

1. Definitions.

   
   

   1. Gekko Events, which shall be referred to as “the software”, it’s features and products are available through the sole ownership of PUNKTECH LTD, who is the “service provider”, through the following forms:

      1. Online services, including without limitation, PUNKTECH LTD and registered Merchants who have been given licence to use the Gekko Events Software and any authorised third-party agents required to perform the usual course of business.
      2. Off platform services, including without limitation, entry management systems, ticket verification platforms, scanned RFID technology, sponsorship, marketing, or distribution services; and
      3. Mobile applications, webpages, application programming interfaces and subdomains referred to within as (“Applications”).
   2. The listed categories above in section (1.1.1), (1.1.2) and (1.1.3) are collectively referred to as “The Services” offered by PUNKTECH LTD. These Terms and conditions apply to any site or application of which they are posted; in circumstances where there are multiple terms and conditions listed, those terms or agreements will also apply to the extent that if they conflict with any terms detailed herein these terms and conditions shall take precedence and apply.
   3. When these terms refer to “The Content”, it shall include without limitation, data, design, music, videos, look and feel, formatting, graphics, text, images, and other content contained or delivered through the Services offered by PUNKTECH LTD. The Content is the sole copyright of PUNKTECH LTD. Any material (including foregoing categories) that you contribute to, post on, or make available whilst using the services, is referred to as “Your content”.  When these terms and conditions refer to the term “software” it will refer to the Gekko Events system, of which access has been granted to facilitate the creation, distribution, marketing, and promotion of ticketing services for third parties. The software is the sole ownership of PUNKTECH LTD and is licensed to third parties.
   4. For clarification, when these terms and conditions use the term “Merchant” this refers to the venue, promoter, organisation, agent, or event creator who is using the Gekko Events Software to create, display, market, promote or validate events and tickets. The Merchants will be using the software in order to facilitate ticketing services for the “customer” who is defined as a person or organisation who uses the Gekko Events software either directly or through a Merchant events system in order to attend events or gain access to purchase platforms in order to facilitate the ticket transactions. Merchants, Customers and/or third parties using the software are all referred to collectively as “You”, “Your” or “Users”.
   5. When the Terms and Conditions refer to the terms “We”, “Our” or “Us” that refers to PUNKTECH LTD and its registered agents, affiliates, subsidiaries and any related officers, directors, agents, partners, and employees.
   6. Any Merchant who uses the software will have agreed to the “End User Licence Agreement” and will also be bound to these terms and conditions. If you are a customer, then these Terms and conditions will apply along with our “Community Guidelines” which sets out conduct and expected behaviour when using the software.
   7. Any third party who uses the software the relevant copyright, trademark and content restrictions will apply, if any services are offered then please refer to the Merchant or Customer terms of service above. By agreeing to these terms and conditions you acknowledge you have read and understand the privacy policy and cookie statement which is available to all users and applicable to anyone who uses our services.
   8. The “Terms and Conditions” and any relevant associated documents or agreements comprise the PUNKTECH LTD’s “Terms”, other documents that form these Terms include but are not limited to; End User Licence Agreement for Merchants, Cookie Policy, Privacy Policy, Community Guidelines, Data Protection Policy. These Terms are legally binding and form an agreement between you and PUNKTECH LTD for allowing relevant access to and use of the services listed in sections 1.1 and 1.2 of these terms and conditions; by which through any use of these services, inclusive of browsing the site, you are agreeing to these terms. If you do not agree to these terms, please do not access, or use any of the services.
   9. In circumstances where your use of the services is for the benefit or requirement of a third party (such as an employer, family member, or other person or organisation who requires you to access these services on their behalf) you agree to these terms for you and on behalf of the relevant third party and it affiliates, you also represent that you have the relevant authority to agree to these terms on their behalf. In these instances, “you” and “your” will equally refer to you as well as the relevant third party who you are representing.

2. PUNKTECH LTD Services

   
   
   1.  PUNKTECH LTD offers the software (“Gekko Events”) to Merchants through licences. The software facilitates the Merchants in offering (“Ticketing Services”), which relates to the creation, registration, distribution, purchasing (access to payment platform only), seating, marketing, promoting and access to relevant Customer data as required. Merchants may use the software for online reservations, payment portals (not processing), donations and other distribution of tickets as required both online, through an application or on-site or online at the venue or application of which the event will take place.
   2. For clarification PUNKTECH LTD is not the owner, creator or organiser of any events listed using the services. As a service provider PUNKTECH LTD is limited to providing a platform for Merchants to manage ticketing services as detailed in section 2.1, which includes registrations and promotion of events that are created by the Merchants. It is therefore the requirement of the Merchant to make sure that any event that is being created, promoted, and sold to the customer meets all relevant legislation and regulations of local, state, provincial, national, and international laws that are relevant to that event, this is detailed further in the Merchant End User Licence Agreement. It is also the sole responsibility of the Merchant to ensure that the goods and services offered to the Customer using the software are delivered upon and are represented accurately.
   3. PUNKTECH LTD does not offer payment processing directly, this is done through a third-party payment provider which has been chosen by the Merchants and agreed to separately and independently from PUNKTECH LTD terms. Any processing fees attributed to the third-party payment provider are detailed to the Merchants within the End User Licence agreement and are the responsibility of the Merchants and the Payment provider. The Merchant of any event will select the payment processing method of whether our fees are charged to the Customer directly or whether the Merchant will absorb these fees, this is detailed to the Merchants in the End User Licence Agreement.

3. Licence to use PUNKTECH LTD services

   
   
   1. By agreeing to the Terms set out within these Terms and conditions as well as any associated documents referred to herein, we grant you a limited, non-exclusive, non-transferable, non-sublicensable (Unless stipulated via section 1.10), revocable right to use or services solely for;
      
      1. Search/browse/use of ticketing services and the software for, viewing, registration for an event, and access to payment platforms to facilitate the purchasing of tickets for events only listed on the software through authorised Merchants.
      2. Create events, manage registrations, create Merchant profiles and other relevant marketing and promotional materials (inclusive of websites) in order to promote, distribute, manage, and track, collect payments and record ticket entries to events. Section (b) is relevant to Merchants only who have also signed and agreed to the End User Licence Agreement which has further terms in relation to granted licences.
   2. Your use of the services must comply with PUNKTECH LTD Terms as well as any relevant legislation and regulations of local, state, provincial, national, and international laws. In circumstances where third party systems are used to facilitate the services you will also agree and be bound by Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy) for any location and search functionality as well as Hand Point Payment Services terms of service for payment processing. As well as any other third-party provider relevant to facilitate these Services.
   3. Restrictions. Without limitations on other restrictions, limitations and prohibitions that are imposed in these terms and conditions or any other terms elsewhere, you agree you will not directly or indirectly;
      1. Copy, modify, resell, clone, replicate, translate, localise, port or otherwise create any form of derivatives of any part of the services and software that has been licensed to you through these terms;
      2. Convert, download, disassemble, reverse engineer, deconstruct or otherwise attempt to discover the source code or structure, sequence and organisation of all or any part of the services and software;
      3. Resell, rent, lease, contract, distribute, or use the services and all relevant tickets obtained for commercial gain or other purposes not contemplated or otherwise exploit the services in any unauthorised manner;
      4. Remove, change or adapt any proprietary notices on the services, or engage in any activity that interferes with or disrupts the services.
   4. All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations and/or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the “Intellectual property”) that has been developed by PUNKTECH LTD and includes the software and all documents, services, platforms, support software and affiliations will remain the sole property of PUNKTECH LTD without exception. Site content included in or made available through the services is the exclusive property of PUNKTECH LTD and is protected by copyright and trademark laws. You agree to use the site and any relevant applications content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national, and international laws. Any rights related to the Intellectual property that have not been expressly granted herein are reserved by PUNKTECH LTD.
   5. Subdomains. PUNKTECH LTD may provide you with the right to use a subdomain within the site for example but not limited to; (Organiser).gekko.events), for a given event(s). All such subdomains remain the sole property of PUNKTECH LTD, and we reserve the right to determine the appearance, design, functionality, and all other aspects of assigned subdomains. In the event PUNKTECH LTD provides a subdomain for you to use, your right to use that subdomain will only continue for as long as you are an active Merchant and Organiser, you are using the subdomain for accessing ticketing services, and you comply with the Terms, including without limitation these terms and conditions. PUNKTECH LTD reserves the right to terminate any subdomains without notice that breach these Terms.

4. Privacy and use of information

   
   
   1.  Your personal information is important to us, and we want to keep it safe. Our information on how we handle your information and the relevant laws that we are governed by can be found within our Privacy Policy.
   2. For Merchants, you represent, warrant and agree that you will always comply with local, state, provincial, national, and international laws that relate to data protection and data security. Merchants will also agree to abide by the privacy and data protection requirements as found within the End User Licence agreement section 19.
   3. All shared information will follow the legal requirements of the Data Protection Act.

5. Export controls and restricted countries

   
   
   1. PUNKTECH LTD is based in the United Kingdom, as such relevant local export controls and legal restrictions will apply, you should be aware of these restrictions and controls when creating, promoting, selling, purchasing tickets for, or attending any events run through our services. In accepting these Terms, you represent and warrant that;
      
      1. you are not located or a resident of any country to which the United Kingdom, European Union, United States, Australia or Canada has embargoed goods and/or services. These include without limitation, Iran, North Korea, Syria, Crimea region of Ukraine, Cuba and at present the limitations imposed on Russia; these will be reviewed at the discretion of PUNKTECH LTD with the changing nature of limitations on international goods and services.
      2. you confirm you are not a person or entity
         1. that appears on the UK or U.S. Office of Foreign Assets Control's Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; the UK or U.S. Department of State's Terrorist Exclusion List; the Bureau of Industry and Security's Denied Persons, Entity or Unverified List; the Consolidated List of Targets published by the U.K. HM Treasury; the Consolidated List published by the A.U. Department of Foreign Affairs and Trade;
         2. that is subject to sanctions in any other country; or that is engaged in design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.

6. Termination of Services

   
   
   1. These Terms will automatically apply as soon as you access the services by any means and will remain applicable until such time as they have been terminated. This section details the relevant circumstances where we may decide to terminate your licence or access to our services, when this happens these Terms will no longer apply, apart from any term that survives termination, including but not limited to the indemnity clause, limitation clause, relevant releases, disclaimers, warranties, agreements to arbitration, the jurisdiction of judicial forum (United Kingdom) and our intellectual property rights, protections and licences.
   2. PUNKTECH LTD can terminate your right to use and access the services at any time if;
      
      1. you violate or breach these Terms, or any other documents related to these agreements;
      2. you abuse or misuse the services, or use the services in a way not intended or permitted by PUNKTECH LTD.
      3. by allowing access to our services and use would constitute a violation of any applicable local, state, provincial, national, and international laws or would expose PUNKTECH LTD to any legal liability.
   3. The services may be stopped indefinitely or suspended, modified, or replaced in regard to any aspect of the Services without notice, in all or in part by PUNKTECH LTD at our discretion with immediate effect. We may decide where in doing so would materially prejudice you to, use reasonable efforts to provide you with notice of our termination of your access and licence to use our Services. You agree and warrant that PUNKTECH LTD will not be liable to you or any third party as a result of our termination of access and licence of our Services.
   4. Merchants, please see the End User Licence agreement for further information on termination of agreements of Service. The only Terms that will continue to apply are relevant Terms that survive the termination of this agreement, including but not limited to the indemnity clause, limitation clause, relevant releases, disclaimers, warranties, agreements to arbitration, the jurisdiction of judicial forum (United Kingdom) and our intellectual property rights, protections, and licences.
   5. Customers, if you decide you want to terminate your agreement with us, you may do so by deleting your account and no longer accessing our site or applications. If you do not already have an account by stopping using our services, the Terms will no longer apply. The only Terms that will continue to apply are relevant Terms that survive the termination of this agreement, including but not limited to the indemnity clause, limitation clause, relevant releases, disclaimers, warranties, agreements to arbitration, the jurisdiction of judicial forum (United Kingdom) and our intellectual property rights, protections, and licences.
   6. In circumstances where there is a separate agreement governing your use of the Services and that agreement is terminated or expires these terms (as unmodified by such agreement) will govern your use of the Services.

7. Disclaimer of Warranties and Assumption of risks

   
   
   1. PUNKTECH LTD aims to provide Services with quality and consistency across all users. We aim to meet the needs of you through our Services but there are some things that we cannot control or include in our promise to you.
   2. To the limitations permitted by applicable laws, the Services offered by us are done so on face value, representing the software, site, applications “as is” and on an “as available” basis. PUNKTECH LTD disclaims all warranties of any kind either express and/or implied, with the inclusion but not limited to implied warranties of Merchantability, title, non-infringement, and suitability and fit for purpose of the products/tickets/events registered. For example, PUNKTECH LTD does not warrant that;
      1. all services or relevant sections of services will meet your requirements or expectations;
      2. the services will be uninterrupted, timely, secure and/or free of errors;
      3. the results and outcomes from the use of Services will be accurate or reliable.
   3. You agree and acknowledge that PUNKTECH LTD has no control over the events and representations of the Merchants, Customers and any other relevant third party who uses the Services. As such PUNKTECH LTD will not guarantee;
      1. the quality, accuracy, safety, legality, legitimacy, or content associated with an event or;
      2. the quality, accuracy, safety, legality, legitimacy, or content provided by Customers who attend or obtain tickets for the events, this is inclusive of Customers personal information shared with the event organiser and Merchants;
      3. or the ability for you to actually complete a transaction through the payment platform as this is not controlled by us and is dealt with using a third-party.
   4. PUNKTECH LTD confirms, and you agree that we have no responsibility to you for, and hereby disclaim all liability arising from, all acts and omissions from all third parties that PUNKTECH LTD requires to provide the Services, or that a Merchant or event organiser chooses to assist with the event, or that you choose to contract with when using these Services.
   5. You confirm that you understand that some events can carry risks associated with those events and by purchasing tickets or reserving tickets and participating in those events you agree to those inherent risks voluntarily. For example, certain events may carry risk of theft, illness, injury, disability, or death, and as such you freely and willfully assume those risks as your own and not the responsibility of PUNKTECH LTD. As such you agree PUNKTECH LTD will not be held liable for any loss of goods or money, illness, injury, disability or death that arises from an event. It Is important that you read and understand this section.

8. Limitation of Liability

   
   
   1. PUNKTECH LTD will not be held responsible, to the extent permitted by applicable laws, for any loss or damage to any electronic devices as part of the software, website or application being installed onto a device. This could include but is not limited to phones, tablets, IPad’s, payment facilitation devices and ticketing devices.
   2. PUNKTECH LTD will not be liable to you or any third party for;
      1. all indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages in relation to loss of earnings, loss of profits, goodwill gestures, loss of use, loss of data, loss of opportunity, costs of substitute services or intangible losses (Even in circumstances where PUNKTECH LTD has been advised of the potential for such damages); or
      2. any references, comments, referrals, images, graphics, pictures, reviews or personal data collectively referred to as “your content”. PUNKTECH LTD allows a platform for a profile and relevant communication to be published, however, the views of your content not created by PUNKTECH LTD does not represent our views, opinions, political affiliations or otherwise in any way and is the sole views and opinions of you as the content creator and as such they are your own liability. Any of your content that deems to breach the community guidelines, or any Terms of Services may at our discretion be removed and your access to our Services could be terminated by PUNKTECH LTD as the service provider, without notice.
      3. other than in order to facilitate the payments as agreed with the Merchants within the End User Licence Agreement, the maximum aggregate liability of PUNKTECH LTD or associated parties is limited to the fees that you paid us in the three-month period immediately preceding the circumstances giving rise to your claim for paid tickets; and for free tickets only the same term applies unless no such purchases had been made in which case one hundred pounds (£100) will be the maximum aggregate liability.
      4. These terms in section 8 do not take precedence over the indemnity clause found in these Terms and in the End User Licence Agreement.
   3. Nothing herein referred to in these Terms carries any intention to exclude or limit any condition, warranty, right or liability which may not lawfully be excluded or limited. In some jurisdictions they do not allow exclusion of certain warranties or conditions or the exclusion of those warranties, conditions and liabilities for loss of damage caused by wilful acts, negligence, breach of contract, breach of duty of care or breach of implied terms, or incidental or consequential damages. As such, only those liabilities and other limitations which are lawful will apply to you and our liability is limited to the maximum extent that is permitted by the law of that jurisdiction.
   4. These Terms are written and are applicable to the English Legal System, however, they are equally applicable to other jurisdictions where relevant for events that take place in those areas only, for example if the event takes place in the United Kingdom its relevant judicial system shall apply, similarly if the event takes place in the United States the relevant state and national laws will apply.
   5. It is the Merchant or Event Organisers responsibility to make sure they have obtained the relevant licence, permission or permit to hold an event, including but not limited to the sale of alcohol, age of entrants and location of event. PUNKTECH LTD will not be held liable for any failure by the Merchant to obtain the correct Permits, Permissions, or licences for their event.

9. IMPORTANT INFORMATION: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.

   
   
   1. PLEASE READ THE FOLLOWING SECTION CAREFULLY, IT IS IMPORTANT YOU UNDERSTAND THE FOLLOWING TERMS AS THEY AFFECT YOUR RIGHTS.
   2. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR AGAINST THE SERVICES OFFERED BY PUNKTECH LTD WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT TO THE EXTENT THAT THE CLAIM QUALIFIES TO BE HEARD AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY.
   3. IN ENGLISH LAW CLASS, CONSOLIDATED OR REPRESENTATIVE ACTIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE HEREBY WAIVED BY EACH PARTY BY ACCEPTING THESE TERMS AND CONTINUING TO USE OUR SERVICES. GROUP LITIGATION ORDERS ARE THE ENGLISH LEGAL SYSTEM EQUIVALENT, HOWEVER, BY AGREEING TO THESE TERMS YOU AGREE THAT YOU WILL NOT BE APART OF AN GROUP LITIGATION ORDER AND ONLY EVER BE APART OF AN INDIVIDUAL CLAIM.
   4. You confirm you understand that in some situations the costs of relevant arbitration services could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
   5. Stages for Merchants involving complaints and legal claims are referred to within Section 9 of these Terms and Conditions as well as Sections 12, 16 and 17 of the End User Licence.

10. COMPLAINTS PROCEDURE

    
    
    1. If you are a customer or relevant third-party representative acting on behalf of a Customer, please follow the Complaints procedure below;
    2. Any complaints raised must first be dealt with informally between the Customer or third-party representative and PUNKTECH LTD. Please contact us first so we can try and answer your questions or resolve your issues as soon as possible, write to [email protected].
    3. If a resolution cannot be found informally, any complaints raised by a Customer or third-party representative acting on their behalf in relation to the Service must be made formally in writing to [email protected] marked as a formal complaint. If the complaint relates to the software itself or any breaches of this Agreement, PUNKTECH LTD will be responsible for responding to and dealing with your complaints. In the event the complaints relate to a third-party service or a Merchant your complaint will be passed over to them to answer any issues or concerns you may have and resolve the complaints. PUNKTECH LTD will only be responsible for complaints related to PUNKTECH LTD Software and/or Services.
    4. Upon confirmed receipt of the complaint(s) PUNKTECH LTD will have 12 weeks to respond formally. If this needs to be extended due to the complexity of the complaint this can be extended by a maximum of a further 8 weeks to adequately deal with the complaint(s) in full. If there are any unforeseen circumstances that require an extended period of time this can be done up to three months but notice and a required reason will be provided as to why there is the need for a substantial delay.
    5. As part of the investigation of the complaint(s) the Customer agrees to allow access to relevant information that may be needed to investigate the complaint including but not limited to correspondence, documents, server access, hard drives, USB devices and direct communication with you in order to appropriately investigate the complaints. Failure to allow access to adequately investigate your complaints may lead them to be dismissed due to lack of evidence or inconclusive outcomes, if this occurs the complaints will be unable to proceed to mediation until the complaints have been fully investigated by PUNKTECH LTD.
    6. In the unlikely event that PUNKTECH LTD is not able to resolve your complaints directly related to our Services both parties (You and Us) each agree to resolve any and all disputes or claims under these Terms, through binding arbitration or in Small Claims Court (To the extent that the claim qualifies) instead of courts in general jurisdiction and only ever on an individual basis.
    7. The scope of this agreement for Arbitration is intended to be interpreted broadly as to legal disputes between you and us. It includes but is not limited to; all claims arising out of our relationship relating to any aspect of the Services directly provided by us whether it be based in contract, statute, fraud, misrepresentation, tort or any other legal principles or theory; and all claims that arose before this agreement or any prior agreement (including without limitation claims relating to advertising, marketing and promotions); and all claims that may arise after termination of these Terms including your use of Services will be included within this arbitration Term.
    8. Exceptions to arbitration. Notwithstanding the clause for arbitration, either party may bring an action in the small claims court on an individual basis where the claim qualifies to be heard in court; or bring enforcement actions, validity determinations or claims arising from or relating to piracy, unauthorised use of PUNKTECH LTD Intellectual Property, copyright or trademark infringements in the applicable court within the English Legal system as so required, for example the Intellectual Property Enterprise Court (IPEC), or in the U.S. Patent or Trademark Office, in order for PUNKTECH LTD to protect its intellectual property rights. Intellectual property includes copyrights, trademarks, patents, moral rights, trade secrets. To confirm, the aspect of any dispute or complaint relating to participation in EU-US or US-Swiss Privacy shield framework is subject to the dispute resolution section of our privacy policy before being subject of this section.
    9. CLASS ACTIONS OR GROUP LITIGATIONS. In English law, which these Terms are governed, does not allow for class actions or group litigations and claims. The only equivalent group litigation is a ‘Group Litigation Order’. As part of these Terms you Agree that you will not form part of any group litigation order and will only ever bring about an individual claim.
    10. If the intended party wishes to seek arbitration, they must first send the other a written ‘Notice of Dispute’ or ‘Letter of claim’ which shall be referred to as (“Notice”). The notice to PUNKTECH LTD must be addressed to the following address, [email protected] and must be sent by certified mailing services with evidence of it being sent. Any subsequent mailings to you will be addressed to a mailing, home or payment address currently on record with PUNKTECH LTD or as detailed by you as a requested address for correspondence within the Notice. In the event that no such address can be found any such Notices may be sent to a registered email address which has been used with PUNKTECH LTD Services. The notice must include;
        
        1. a description of the nature and basis of the claim or dispute; and
        2. detail what relief or compensation is being sought as part of that claim or dispute; and
        3. relevant contact details to discuss the claim or dispute further.
    11. If any agreement is not reached between you and PUNKTECH LTD within sixty calendar days after the Notice is received, you or PUNKTECH LTD may then proceed with arbitration proceedings. The Sixty days can be extended by way of a formal notice by up to a further thirty calendar days in circumstances where the claim or dispute is complex in nature and requires further investigation.
    12. The arbitration will be governed under the UK Arbitration Act 1996 and the LCIA Arbitration Rules. All issues between you and PUNKTECH LTD are for the arbitrator to decide, in consideration of but not limited to, issues relating to scope, enforceability, and arbitrability.
    13. The location of Arbitration will depend upon your location. The London Court of International Arbitration does offer remote hearings and is an option that can be pursued for consumers only. In relation to Merchants and commercial claims, unless agreed otherwise by both PUNKTECH LTD and you, any arbitration hearings will take place in a convenient place and time for both you and us in the United Kingdom; necessary consideration will be given to travel and other restrictions such as visas. If you and Us are unable to agree on a location the LCIA will determine the appropriate method or location for the arbitration to take place. If your claim is for less than ten thousand pounds (£10,000) we agree that you may choose whether the arbitration will be conducted through the sole use and basis of documents submitted to the arbitrator, through a telephone hearing, or by an in-person hearing as established by LCIA rules; any claims exceeding ten thousand pounds (£10,000) will be determined by the LCIA rules. Whichever method of hearing and communication is chosen the arbitrator will conclude the arbitration with a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator will be a final binding judgement; the award rendered may be entered in any court having jurisdiction.
    14. Costs of arbitration and relevant legal fees. Payment of all reasonable registration fees, administration and arbitration costs and expenses imposed will be governed by the rules and requirements as detailed by LCIA. In circumstances where the LCIA deem that all of your claims you state in arbitration are frivolous or vexatious, you agree to reimburse PUNKTECH LTD for all costs and expenses reasonably incurred and paid in response to the claim you have brought.
    15. General Legal fees for arbitration; As would have occurred in the usual course of a court hearing, each party to the arbitration will bear their own legal fees  and expenses for any appointed representatives. In circumstances where one party to the arbitration has demonstrated a substantial prevailing claim in the arbitration, then upon such party’s request, the arbitrator will award reasonable legal fees and expenses that had been incurred in connection with the arbitration to that prevailing party. The Arbitrator may seek to make a ruling on any legal fees and expenses as part of their judgement in order to resolve all matters by agreement at the earliest stage.
    16. Severability in special circumstances; in the event that any provisions of this section are found to be invalid or unenforceable for any dispute or claim, then the entirety of this section 9 will be null and void with respect to such dispute or claim and the applicable law and jurisdiction will apply as detailed in section 17 of these Terms and Conditions.
    17. In circumstances whereby PUNKTECH LTD wishes to change any of the Terms as described in relation to this arbitration provisions as discussed in section 9; PUNKTECH LTD will provide you with thirty (30) Calendar days’ notice of such change at which point you may reject any such changes by sending formal written notice to that effect within thirty (30) Calendar days to the address as provided in section 9.14. The notice will be provided to you using the relevant address we have for you on our system, this could be a physical property address or an email. In circumstances where a rejection is provided to any changes of these Terms of arbitration, you are agreeing that you will arbitrate any dispute between us in accordance with the language and purpose of this section as unmodified by such rejected change.
    18. OPT OUT. You have the right to opt out of and not be bound by the arbitration or class action waivers stated within this section. If you wish to opt out this needs to be done in writing and sent to the designated email address from section 9.14 within thirty (30) days of you first using the services and agreeing to these Terms (whichever is later); otherwise, you will be bound to the arbitration Terms. Please note if you opt out of Arbitration Terms stated within this section then PUNKTECH LTD will also not be bound by them.

11. Your rights to submit a ‘Copyright Takedown Notice’.

    
    
    1. Pursuant to the Digital Millennium Copyright Act any Intellectual Property that a Merchant, Customer, or third-party representative (Which is referred to as ‘your content’) uses that infringes your copyrights; you may submit a notice in writing to us to request that those infringements be removed from our Services. Please provide the written notice to [email protected].

12. Commercial use of content

    
    
    1. The site content is not intended for your commercial use, unless stated by way of the End User Licence agreement if you are a Merchant. Any use of content for your own commercial purposes is strictly prohibited; as such you agree you will not and have no right to scrape, crawl, or employ any form of automated system or means to extract data from any site(s) that are part of the PUNKTECH LTD Services.

13. Fees and refunds

    
    
    1. We do not charge for creating an account, listing events, or accessing the Services.
    2. Fees are charged when tickets are purchased using our Services. These fees may vary depending on individual agreements between PUNKTECH LTD and the relevant Merchant. It is the decision of the Merchant whether our fees are absorbed by them or past on to you and included within your ticket price.
    3. PUNKTECH LTD is not a payment provider and as such Merchants will have third party agreements with a payment facilitator to process payment transactions, this will be separate from the fees charged by us. Merchants, please see the End User Licence Agreement for more information about your fees and payment obligations.
    4. Ticket transfers. We have a firm ticket resale policy and do not condone tickets being sold to third parties. As such any ticket transfers will need to be discussed directly with the Merchants or event organiser. The process for ticket transfers will be to refund the original ticket and to re-purchase the ticket using the required persons details.  
    5. Ticket Resale. We do not allow any tickets to be sold to third parties and you agree that when you purchase a ticket it is for your personal use only and will not be distributed to any other person or organisation. Any tickets sold or found to be shown on ticket reselling websites or applications for commercial gain will be in breach of these terms and conditions and become void and no refund will be eligible due to your breach.
    6. Refunds. As all transactions are between You, the Merchant, and the payment provider we ask that all Customers contact the applicable Merchant or event organiser with any refund requests. The details for each Merchant can be found on the Merchants profiles. In instances where a ticket is refunded the ticket will become invalid and will not be claimable against the event. You agree that you will not use or attempt to use the refunded ticket, copy the ticket, or resell the refunded ticket. Any instance of tickets being resold is a breach of these Terms and any reselling of refunded tickets is considered fraud.
    7. Third parties. PUNKTECH LTD will not be held liable for any tickets purchased from third party ticket holders or organisations. We will also not be held liable, Under any circumstances, for costs and or damage associated with tickets that have been obtained or purchased through unofficial third parties or fraudulently.
    8. PUNKTECH LTD will not be liable, under any circumstances, for any costs associated from non-compliance by the Merchants or event organisers with applicable procedures that must be implemented in order to check the validity of tickets. As such Merchants and event organisers agree to check the validity of all tickets using appropriate means, We will not be held liable for any associated costs or damages for the Merchants and event organisers failure to identify the validity of tickets.

14. Community guidelines

    
    
    1. You agree to, at all times, abide by our community guidelines whenever you use or access our Services. The guidelines can be found on the website and should be read and understood as they will apply to all content and conduct of you without exception. Any content or events found to be in breach of the Community guidelines will be removed without notice, this could at the discretion of PUNKTECH LTD also lead to your profile and/or event being removed and banned from our Services.

15. Responsibility of licences and permits.

    
    
    1. The Merchant and event organiser must ensure they have the correct licence and permit to host and facilitate an event; this includes but is not limited to access rights, permission from relevant parties, alcohol licences, music licences and that they comply with any relevant restrictions in the form of venue size limitations, curfews or other prohibitions that may be in force for the event.
    2. Failure to adhere to or omit the required licences, permits, permissions or restrictions is the liability of the Merchant and event organiser and PUNKTECH LTD will not be held liable for any failures by you to obtain, restrict or adhere to any relevant requirements for your event.
    3. You and any relevant affiliates will make sure that any events will comply with all applicable laws and regulations, rules, and ordinances. You agree that you will only offer tickets to an event after the appropriate consents, licences, permits, permissions, and ordinances have been obtained. Any events that have been found to breach these Terms will be removed and You as the Merchant will be liable for any associated costs and or damages directly. PUNKTECH LTD will not be responsible for any loss, claims or damages for a breach of these Terms in section 14.
    4. Merchants, please refer to the End User Licence agreement which specifies the indemnification clause for PUNKTECH LTD for any events that are unable to take place because of your actions or omissions.

16. Your account and profile.

    
    
    1. In order to facilitate purchasing, promoting, payments and selling of tickets and ticketing services We require you to create an account with us. In doing so you agree to the following Terms;
       
       1. You must be at least 18 years of age to open an account on your own. Anyone who is aged between 13-17 can still open an account but it must be under the control and supervision of a parent or legal guardian only.
       2. You will agree to only provide true, accurate, current and complete information about yourself, including if you are using the services on behalf of another person or organisation.
       3. If there are any disputes regarding who owns the rights to a specific account, it will be for PUNKTECH LTD to determine who has controlling rights to the account.
       4. If you are using the services on behalf of or representing another person or organisation, then you confirm and agree that you have representative authority to do so.
       5. You agree that you are responsible for any content or claims made within your account and profile and any views or opinions shared are your own and not the views and opinions of PUNKTECH LTD. This includes any ‘sub-accounts’ or linked accounts that may be required.
       6. In circumstances of fraud, hacking or misuse of information whereby you believe someone has access to your username and password; you agree to immediately contact PUNKTECH LTD so we can freeze your account and regain control and make any necessary security changes as required to protect your account or profile.
       7. You agree that you will not use our Services to gain, collect or redistribute any sensitive personal information about any other profiles or accounts. This can include but is not limited to health information, address, date of birth, Passport or identification number or details, payment information. Unless this has been permitted by PUNKTECH LTD and we have consented to such collection in writing.

17. Your Content.

    
    
    1. You understand and agree that any content that is deemed as ‘Your content’ is your own. We do not make any claim to your content and as such you grant a non-exclusive, worldwide, irrevocable, transferable, royalty free, sublicensable licence and right to use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish, and create derivative works based on your content in whole or in part.
    2. You hereby waive all moral rights to use the name you submit with Your Content, notwithstanding the foregoing PUNKTECH LTD does not seek to claim any ownership rights of Your Content and We do not restrict any rights that you may have to use and exploit Your content outside of the Services.
    3. In agreeing to the Terms for Your Content you represent and warrant that you have the absolute rights, power and authority to grant the required licence and that the content that you have submitted; does not violate any rights of third parties, does not misappropriate or conflict with third party rights, complies with relevant local, national and international laws and regulations and does not violate or breach any of these Terms.
    4. Your content must be accurate and truthful; in circumstances where PUNKTECH LTD determines that Your Content breaches this Term then we reserve the right to remove Your Content from our Services. We also reserve the right to remove your content if it breaches any relevant local, national or international laws or our community guidelines.
    5. In some circumstances We may be required to disclose Your content if required to do so in either good faith or by the requirement of law. In these circumstances we will comply with the relevant law, respond to claims in relation to Your content violating third party rights, enforce the Terms listed within these Terms of Service and protect the rights, property and personal safety of PUNKTECH LTD, its associates, directors and affiliates any relevant agents as well as the public interests, including preventing fraudulent activities.

18. Applicable Laws.

    
    
    1. These Terms and Conditions as well as any other associated documents will be governed by English Law. These laws will apply regardless of where you are in the world and where you may reside. In some circumstances if you live outside of the United Kingdom, you may be entitled to extra provisions of mandatory consumer protection. Following the relevant procedures as dictated through these Terms the usual course of dispute resolution and legal claims is through arbitration, in instances where arbitration has been unsuccessful or invalidated and the matter needs to be taken to court, you agree, and We confirm that the English Legal system will have ultimate and final jurisdiction over the proceedings.

19. Assignment.

    
    
    1. These Terms may be freely assigned at the absolute discretion of PUNKTECH LTD without your consent or approval, and any rights or obligations under these Terms may move to another entity, affiliation, or organisation through any form of corporate transaction or otherwise.

20. Modifications to these Terms.

    
    
    1. PUNKTECH LTD reserves the right to change or modify any of these Terms or Services offered. If we believe the changes are material, we will post updates about these changes through Our Services or Send you an email with the relevant notice of changes to these Terms.
    2. In order to facilitate any required changes to these Terms you may be sent via email a relevant notice which will detail any required changes to these Terms.
    3. In some circumstances You may be presented with the Terms and Conditions or other associated documents again the next time you access Our Services which will require you to agree again to our Terms before continuing to use Our Services. If the change is not a material change these Terms can be updated without notice.
    4. Any changes made will be made effective from thirty (30) days following the updated date or such other date as communicated in the relevant notice to You. If the updates are not a material change to these Terms, they will become effective immediately and be agreed by you when you next access our Services.
    5. We are continuing to evolve our Services and available products that we offer so that we can better facilitate the needs of You as a Customer as well as the Merchants and Event organisers who want to use Our Services. As such PUNKTECH LTD reserves the right to modify, replace or discontinue any part of the Services or the entire Service.

21. Miscellaneous

    
    
    1. Digital Signature Provision. The Merchant represents and warrants that electronically agreeing to the terms of this Agreement by clicking the "AGREE" checkbox or making an electronic signature constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act and that the Agreement is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by.
    2. This Agreement represents the entire Agreement between the parties and supersedes all previous Agreements, oral or written, with respect to the subject matter of this Agreement. This Agreement may not be amended without the prior written consent of both parties.
    3. Waiver. No delay or failure by PUNKTECH LTD to exercise any right, term or remedy under this Agreement will constitute a waiver of such right or remedy. All Waivers must be in writing and signed by an authorised representative of the party waiving its rights. A waiver by any party of any breach of term shall not be construed as a waiver of any succeeding breach of any other term.
    4. Headings. The headings of this Agreement, articles and paragraphs are inserted for convenience and are not intended to be part of or to affect the interpretation of this Agreement.
    5. Severability. If any of the terms or provisions of this Agreement is held to be invalid or unenforceable, it shall be replaced with the valid provision that most closely reflects the intent of the parties and the remaining provisions of the Agreement will remain in full force and still apply to the same effect.
    6. Force Majeure. Except for payment obligations, if either party is prevented from performing or is unable to perform any of its obligations under this Agreement due to causes beyond the reasonable control of the party invoking this provision, including but not limited to acts of god, acts of civil or military authorities, riots or civil disobedience, wars or strikes (Each a ‘Force Majeure event’), such parties performance shall be excused and the time for performance shall be extended accordingly provided that the party immediately takes all reasonably necessary steps to resume the full performance when the event reduces to allow the obligations to be fulfilled or has ended.