Terms & Conditions

Last updated: 27/02/2018

Introduction

These terms and conditions govern your use of our services. MatterPay LTD ("us", "we", or "our") operates the platform ("site", “website” or “platform”) in the form of all the following:
  • This website (https://matterpay.com) and (https://mpay.io).
  • Any authorised use of our software on other domains.
  • The MatterPay app for iOS and Android.
By using our platform, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our platform.

If you register with our platform, we will ask you to expressly agree to these terms and conditions.

We are MatterPay LTD, we offer Companies, Individuals and Charites an easy to use, branded platform on which to sell tickets for their events. We are not party to any contracts for event tickets entered into via our platform, and we will not be liable to any person in relation to any such contract.

You must be at least 18 years of age to sell tickets on our platform. By registering on our platform and agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

These terms and conditions may be regularly updated without notice, every time that you use the platform following initial agreement of the terms, you accept to be bound by the most up to date set of terms. If we make any material changes to the terms and conditions, we will contact you via the email that you have provided us or a notice clearly visible on our website.

By using our platform and agreeing to these terms and conditions, you consent to the terms of our privacy policy.

Licence to use platform

Unless otherwise stated, we or our licensors own the intellectual property rights in the platform and material on the platform. Subject to the licence below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the platform for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not edit or otherwise modify any material on the platform, except that you may edit your content, to the extent permitted, using the editing functionality made available on the platform.

Unless you own or control the relevant rights in the material, you must not:
  • republish material from the platform (including republication on another website);
  • sell, rent or sub-license material from the platform;
  • show any material from the platform in public;
  • reproduce, duplicate, copy or otherwise exploit material from the platform for a commercial purpose; or
  • redistribute material from the platform, except for content specifically and expressly made available for redistribution (such as brochures).
  • We reserve the right to restrict access to areas of our platform, or indeed our whole platform, at our discretion.
  • We may vary the services available on our platform in our absolute discretion at any time, with or without notice.

Acceptable use and legal compliance

You must not use our platform in any way that causes, or may cause, damage to the platform or impairment of the availability or accessibility of the platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our platform without our express written consent.

You must not use our platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not use data collected from our platform to contact individuals or companies or other organisations for any reason (other than for the purpose communications relating to events listed and tickets sold on our platform).

You must not use data collected from our platform for any direct marketing activity unless expressly permitted by each website user for which you have legitimately acquired contact information (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

You must comply with all applicable local, regional, country and international laws in relation to any advertising, proposed sale or sale of tickets when using our platform.

Account creation

When you make payment for purchase of tickets on our platform, you may either check out as a guest or by creating an account. There may only be one of these options available to you. If you create for an account with our platform, you will be asked to choose a user ID and password.

Your user ID must not impersonate any other person or be liable to mislead.

You must not use any other person's account to access the platform.

You must keep your password confidential.

You must notify us in writing via email to the contact details listed in section 0 immediately if you become aware of any disclosure of your password or unauthorised use of your account.

You are responsible for any activity on our platform arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

We may suspend or cancel your account and/or modify your account details at any time in our sole discretion without notice or explanation.

Event organisers

If you wish to sell tickets for events on our platform, you must contact us via any method in section 0 and we will create your custom platform either using the matterpay.com domain or a domain of your choice at your expense. We may apply a reasonable fee at our discretion for the setup of custom domains.

Once we have set up your account as an event organiser on our platform, you may:
  • Connect a Stripe account to collect funds from sales.
  • Publish event listings and tickets to the platform.
  • Edit event listings are publishing.
  • View and export customer orders.
  • Add offline customer orders, such as those paid in cash.
  • Access and export customer details.
  • View and export statistics.
Without prejudice to our other rights under these terms and conditions, we reserve the right to delete event listings that, in our opinion, breach these terms and conditions or that do not in our opinion meet any additional guidelines for events published on our platform from time to time.

If we do not delete a published event, it will remain published on our platform until sometime after the date of the event or until it is deleted by you.

Customers who purchase tickets will be sent electronic tickets via email by us on behalf of the event organisers. Event Organisers acknowledge and agree that receipt by the customer is not guaranteed.

Event organisers must ensure all provided information is present and correct. Incorrect information provided to either us or the customer must be resolved by the event organiser such that the customer is informed of the correct information and offered a full refund or exchange where any material change (such as change of date or venue) is made. We are not liable for any damage caused by any incorrectly entered information on our platform.

Monies shall be paid directly from the customer to the event organisers Stripe account and consequently their bank account as arranged between the event organiser and Stripe. Our fees shall be automatically deduced from the event organiser Stripe account in association with each customer purchase.

The responsibility to resolve and make good with the customer lies with the event organiser in the following cases: (a) any purchase made by means of the fraudulent or unlawful use of a credit, debit or other payment card, or by any other fraudulent or unlawful means; or (b) any purchase which is subsequently cancelled, refunded, reversed or charged-back.

As an event organiser, you must notify is immediately if you are or become VAT registered. Our fees are not subject to VAT as MatterPay LTD is not VAT registered as of the date at the top of these terms and conditions.

We are entitled to deduct any amount from the Stripe account of an event organiser in the case of a non-payment of fees and arising from any loss or damage suffered by us due to the event organiser.

Event rules and requirements

Events published on our platform must constitute genuine listings relating to events and must be true, fair and accurate in all respects.

For the avoidance of doubt, event listings must comply with the "acceptable use" provisions above, and the "user content" provisions below.

You must keep events up to date using the platform control panel and notify customers with tickets to any events where material changes (such as a change of date or venue) have been made.

You must not list more tickets than the venue has capacity and we will not be liable for any over selling of tickets for an event.

Should you notice any incorrect details and not have access to the control panel for any reason you must contact us immediately to regain access to the control panel. And amend the incorrect details.

You must ensure that all prices specified in or in relation to an event listing are in pounds sterling only and constitute the correct and full ticket price.

We may delete any event in our sole discretion at any time, with or without notice or explanation.

All events published to our platform must be held in the UK.

You must not offer or complete the sale of tickets for any event that breaches any applicable laws, regulations or codes, or infringes any third party intellectual property rights or other rights.

Ticket purchase terms

You agree when a user purchases a ticket or tickets for an event published by you on our platform, by selecting the tickets, reviewing their selection and making payment to your Stripe account, that a contract will come into force between you and the customer.

Our platform then automatically sends to the customers email address a confirmation of purchases with attached electronic tickets. This constitutes the binding contract between the event organiser and customer in regards to entry to the event.

The event organiser shall be responsible for making clear the terms and conditions of purchase between them and the customer prior to the purchase of any tickets using the terms section of the control panel on our platform. Event organisers are responsible for ensuring that these legal notices are sufficient and comply with all applicable laws.

Regardless of any terms agreed between an event organiser and customer, the following provisions will be incorporated into the contract between the event organiser and customer:
  • The full and correct price for each ticket will be present on the published event inclusive of all charges for entry to the event inclusive of any VAT, taxes and other ancillary fees.
  • The event must match the description in all material respects of the published event on our platform and any other communication with the customer.
  • If any material changes are made to the event following the purchase of a ticket or tickets by a customer, the change must be notified to the customer and a full refund issued if requested provided the customer does not attend the event.
  • In the case of an event cancellation, the event organiser must notify the customer in writing and provide the customer a full refund.
Both customers and event organisers agree to comply with the ticket purchase terms.

Where we fit in

When purchasing a ticket using our platform, you will enter two contracts: one between you and us for the use of our platform and ticket purchase service, and one between you and the event organiser for the purchase of tickets for their published event.

When using our platform, you acknowledge that:
  • We do not confirm the identify of any event organisers or any other users of our platform nor do we audit, vet or otherwise verify the legitimacy them.
  • We are not party to the purchase of tickets on our platform nor involved in the transaction or contract between you and the event organiser beyond the facilitation of the booking service and delivery of electronic tickets.
  • We will not be liable to any persons in relation to any contracts or contractual obligations between the customer and event organiser nor are we responsible for the enforcement or mediation of these obligations.

Ticket purchase charges

Customers must pay the base ticket price to the event organiser as listed on the published event page, using the secure payment forms on our platform.

Customers must also pay the booking fees, if applicable, listed on the published event page alongside the ticket price during the same transaction as the base ticket price. All ticket prices and fees are clearly stated on the published event page. Booking fees are set by the event organisers and can vary between events or over time.

In the event of a refund, the total amount paid to the event organiser will be refunded to the customer, inclusive of the base ticket price and all booking fees. A refund will most commonly be executed through the original payment. Refunds will be issued as soon as possible, in any case the refund will be issued within 30 days of a valid notice for cancellation. The issuing of refunds is the responsibility of event organisers.

Tickets are non-refundable after the booking has been confirmed by issue of confirmation email except in the case of an event cancellation, material change to the event after purchase or at the discretion of an event organiser. You will have no rights to the cancellation under distance selling laws for the purchase of tickets for events with the exceptions listed above.

Event organiser fee payment

In the event of any purchase made from an event organiser on our platform, the event organiser must pay us the fees specified on our platform or in a specific written agreement between us and the event organiser, if applicable.

The fees are calculated based on a fixed amount and percentage per ticket, the standard payment processor fees for the purchase are then deducted. Any other fees or charges from the payment processor to the event organiser are the responsibility of the event organiser.

Submitted content

In these terms and conditions, "your content" means all material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our platform when publishing an event or anywhere that your content appears on our platform.

You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

You warrant and represent that your content will comply with these terms and conditions.

Your content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your content (and its publication on our platform) must not:

be libellous or maliciously false;
be obscene or indecent;
infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
infringe any right of confidence, right of privacy, or right under data protection legislation;
constitute negligent advice or contain any negligent statement;
constitute an incitement to commit a crime;
be in contempt of any court, or in breach of any court order;
be in breach of racial or religious hatred or discrimination legislation;
be blasphemous;
be in breach of official secrets legislation;
be in breach of any contractual obligation owed to any person;
depict violence in an explicit, graphic or gratuitous manner;
be pornographic or sexually explicit;
be untrue, false, inaccurate or misleading;
consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
constitute spam;
be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
cause annoyance, inconvenience or needless anxiety to any person.

Your content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.

You must not use our platform to link to any website or web page consisting of or containing material that would, were it posted on our platform, breach the provisions of these terms and conditions.

You must not submit any content to the platform that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our platform, or stored on our servers, or hosted or published on our platform.

Notwithstanding our rights under these terms and conditions in relation to your content, we do not undertake to monitor the submission of user content to, or the publication of user content on, our platform.

Service level agreement

We will take all commercially reasonable efforts to ensure that the platform shall be available 99.9% of the time, measured monthly, excluding scheduled maintenance, in the event of a Force Majeure, networking issues beyond our control or problems with the customer or event organisers’ equipment. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond our control will also be excluded from any such calculation.

Customers and end users shall receive no compensation in any form in the event of downtime of our platform.

The sole and exclusive remedy, and our entire liability, in connection with Service availability for affected event organisers with published events shall be that for each period of downtime lasting longer than sixty minutes, we will credit the event organiser 2.5% of the service fees, from the previous 30 days to the start of the downtime, for each period of 60 or more consecutive minutes of downtime. Credits shall begin to accrue as soon as the affected event organiser (with notice to us) recognizes that downtime is taking place, and continues until the availability of the platform is restored. In order to receive downtime credit, the event organiser must notify us in writing within 72 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total 50% of credits from the previous 30 days. We will only apply a credit to the month in which the incident occurred. Our blocking of data communications or removal of published events in accordance with our policies shall not be deemed to be a failure of us to provide adequate service levels.

Discontinuation of services

We reserve the right to cease the availability of our service with 90 days notice. You will not be entitled to any refund or compensation in this event. We will offer event organisers the data collected or inputted in your section of our platform in a form of our choice within 90 days following the discontinuation of our platform. We will hold this data for 90 days following the offer, after which the data will no longer be available to event organisers and may be destroyed. Event organisers may request data in a specific form which will be delivered at our discretion. The discontinuation of our service will have no effect on the contractual obligations of event organisers to their customers.

Limited warranties

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our platform and the use of our platform (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Limitations and exclusions of liability

Nothing in these terms and conditions will:

(a) limit or exclude our or your liability for death or personal injury resulting from negligence;
(b) limit or exclude our or your liability for fraud or fraudulent misrepresentation;
(c) limit any of our or your liabilities in any way that is not permitted under applicable law; or
(d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights that you have that cannot be excluded or limited will not be affected by these terms and conditions.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the platform and the information and services on the platform are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our officers and employees. Having regard to that interest, you accept that we are a limited liability entity and agree that you will not bring any claim personally against individual officers or employees in respect of any losses you suffer in connection with the platform or these terms and conditions. This will not, of course, limit or exclude the liability of the company itself for the acts and omissions of our officers and employees.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our platform. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to have been aware of such comments, reviews and/or feedback.

Indemnity

You hereby indemnify us, and undertake to keep us indemnified, against any losses, damages, costs, liabilities and expenses incurred or suffered by us, arising out of:
  • Any breach by you of any provision of these terms and conditions.
  • Your use of our platform.

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
  • Send you one or more formal warnings.
  • Temporarily suspend your access to our platform.
  • Permanently prohibit you from accessing our platform.
  • Block computers using your IP address from accessing our platform.
  • Contact any or all of your internet service providers and request that they block your access to our platform.
  • Commence legal action against you, whether for breach of contract or otherwise.
  • Delete and/or edit any or all of your content, published events or other data.
  • Suspend and/or cancel your account on our platform.

Third party websites

Our platform includes hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

Revision to these terms and conditions

We may revise these terms and conditions at any time. The revised terms and conditions will apply to the use of our platform from the date of their publication on the platform. If you have registered with our platform, we will give you written notice of any material revision of these terms and conditions. If you do not agree to the revised terms and conditions, you must stop using the platform.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent such that this action will not reduce the guarantees benefiting you under these terms and conditions. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If it is found by a Court that any of these Terms and Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.

If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our platform, and supersede all previous agreements in respect of your use of our platform.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England.

Our details

The platform is owned and operated by MatterPay LTD. (England and Wales Reg No. 09980140)

Registered Address:14 Hill Rise
Rickmansworth
Hertfordshire
United Kingdom
WD3 7NZ

Contact Details

By phone:+4420 3769 7359

By email:contact@matterpay.com

By post:To ‘MatterPay LTD’ the address listed above