Legal Guide
Gift Cards Terms and Conditions
THESE TERMS AND CONDITIONS FORM YOUR AGREEMENT IN RELATION TO YOUR TICKETMASTER STORED VALUE GIFT CARD. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE YOUR CARD. IF THERE IS ANYTHING YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH, PLEASE CONTACT CUSTOMER SERVICES USING THE CONTACT DETAILS AT PARAGRAPH 16 OF THIS AGREEMENT. THESE TERMS AND CONDITIONS FORM YOUR AGREEMENT IN RELATION TO YOUR TICKETMASTER STORED VALUE GIFT CARD. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE YOUR CARD. IF THERE IS ANYTHING YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH, PLEASE CONTACT CUSTOMER SERVICES USING THE CONTACT DETAILS AT PARAGRAPH 16 OF THIS AGREEMENT.
Definitions
'Account Number' - This is your unique personal account number, and is found on the back of your Card.
'Account' - The electronic account associated with your Card.
'Agreement' - This cardholder agreement as varied from time to time.
'Available Balance' - Value of funds loaded onto your Card and available for use.
'Card' - Any Ticketmaster prepaid card issued to you under this Agreement.
'Cardholder' - You, the person entering into this Agreement with us.
'Customer Services' - The contact centre for dealing with queries and requests for services in relation to your Card. Contact details for Customer Services can be found at paragraph 16 below.
'e-money' - The electronic money associated with your Card.
'Merchant' - A retailer, or any other person, firm or corporation that accepts Ticketmaster Cards. 'Ticketmaster' - Ticketmaster UK Limited (Company number 02662632) whose registered office is 48 Leicester Square, London WC2H 7LR
'Transaction' - A retail sale completed by you using your Card.
'we', 'us' or 'our' - PrePay Technologies Limited, a company registered in England and Wales with number 04008083 who can be contacted at PO BOX 5381, London, W1A 7EY. PrePay Technologies Limited is authorised and regulated by the Financial Services Authority to issue e-money and is registered in the Financial Services Register with registration number 219619.
'you', 'your' - The Cardholder.
1. Scope of this Agreement
1.1 Your Card is an e-money stored value gift card containing the value that you have loaded onto it. The Card is not a credit card, charge card, cheque guarantee card, or debit card.
1.2 These terms and conditions are written and available only in English and we undertake to communicate with you in English regarding any aspect of your Card or Account.
2. Purchase, Receipt and Activation of Cards
2.1 You can purchase a Card at www.ticketmaster.co.uk, by calling Ticketmaster on 08705 344444 or at most Ticketmaster ticket centres.
2.2 You can purchase a Card by paying for it in cash or by using a credit card or a debit card.
2.3 The person who purchases a Card will need to give their name and the delivery address for the Card at the point of sale.
2.4 Your Card will be delivered to the address given when the Card was purchased within 14 days of purchase.
2.5 Upon receipt of the Card, you will need to activate it using the website or by telephoning Customer Services as outlined at paragraph 16 of this Agreement. In order to complete activation, you will need the Card number and the Ticketmaster reference number which will be found on the card carrier.
2.6 You will need a PIN in order to make balance enquiries. You will be able to select a PIN when you activate your card.
3. Use of Cards
3.1 Your Card can be redeemed in full or in part at Ticketmaster ticket and call centres, and at selected e-ticket centres including Tourist Information Centres and any other ticket outlets where Ticketmaster Cards are accepted (subject to Ticketmaster's Purchase Policy which is available on www.ticketmaster.co.uk and by telephoning 08705 344444).
3.2 Your Card is not a cheque guarantee card, debit card, credit card or charge card.
3.3 Your Card can not be exchanged for cash.
3.4 Your Card is a stored value gift card, which means that the Card's Available Balance will be reduced by the full amount of each Transaction and authorisation, plus value added tax and any other taxes that are applicable (the "Full Deductible Amount"). The Full Deductible Amount must be less than or equal to the Available Balance on your Card. You must not use your Card if the Full Deductible Amount exceeds the Available Balance or after the expiry date of the Card. If, for any reason, a Transaction is processed for an amount greater than the Available Balance on Your Card, you must repay us the amount by which the Full Deductible Amount exceeds your Available Balance within 14 days of a letter from us requesting payment.
3.5 You can check your Available Balance by calling the Customer Services number found at paragraph 16 of these terms and conditions, or by visiting www.ticketmaster.co.uk/help This service is free of charge but call charges are applicable at a local rate.
3.6 The Available Balance on your Account will not earn any interest..
4. Card Expiry
4.1 Your Card will expire 12 months after activation. You will not be able to use your Card if it has expired.
4.2 No Transactions will be processed once your Card has expired.
5. Refund of Your E-money
5.1 If you would like to terminate your Card and claim a refund of any unused funds, you may do so as long as:
5.1.1 the Available Balance is greater than the Pounds Sterling equivalent of €10 (10 Euros); and
5.1.2 we believe you have not acted fraudulently;
5.1.3 we are not prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency and
5.1.4 you claim your refund more than one month and less than 12 months after the date of activation of your Card.
5.2 You may obtain a refund of any unused funds by contacting Customer Services using the contact details at paragraph 16 of these terms and conditions and stating that you wish to claim a refund of your e-money.
5.3 We will charge a refund administration fee of either £20.00 or twenty percent of the Available Balance (whichever is the higher). We will inform you of the exact amount of this fee once we have processed your refund. The refund amount will be passed on to you, less the refund administration fee, in the following way;
5.3.1 If you have used a debit or credit card to top-up your account we will credit the refund to debit or credit card account that you originally used to buy the Card.
5.3.2 For all other refund requests, we will send you a cheque.
5.4 Please note that our procedures may require us to carry out various checks reasonably required to prevent fraudulent use of your Card before we can process your refund request.
5.5 If we find that any additional withdrawals, fees or charges have been incurred on your Card following the processing of your refund, we shall send an itemised invoice to you and will require you to refund us within 14 days of the invoice.
6. Cardholder Liability and Authorisations
6.1 We may restrict or refuse to authorise any use of your Card if using the Card is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that either you or a third party has committed or is about to commit a crime or other abuse in connection with the Card.
6.2 If we need to investigate a Transaction on the Card then you must cooperate with us, the police or any other authorised body if this is required.
6.3 You should never:
6.3.1 allow another person to use your Card;
6.3.2 record your PIN in writing, or with your Card or otherwise;
6.3.3 disclose your PIN to or otherwise make it available to any other person, whether verbally or by entering it in a way that allows it to be observed by others or otherwise; or
6.4 You agree to indemnify and hold harmless us and our distributors, partners, agents, sponsors (including without limitation Clydesdale Bank PLC), and service providers and their group companies for and against the costs of any legal action taken to enforce these terms and conditions and/or any breach of these terms and conditions or fraudulent use of your Card or PIN by or authorised by you.
7. Lost, Stolen or Damaged Cards
7.1 You should treat the e-money on your Card like cash in a wallet. If you lose your Card or it is stolen you may lose any e-money on it in just the same way as if you lost your wallet.
7.2 In the event of loss, theft, fraud or any other risk of an unauthorised use of your Card, or if your Card is damaged or malfunctions, you must contact Customer Services using the details in paragraph 16 of this Agreement immediately. You will be asked to provide us with your Card Number and some identifying details. You will be liable for any unauthorised Transactions that take place prior to you notifying us and these will reduce your Available Balance. If our records show that there is an Available Balance remaining on your Card, we will cancel the Card to limit any further losses.
7.3 In the event of loss, theft, fraud or any other risk of an unauthorised use of your Card, or if your Card is damaged or malfunctions, we will replace your Card with an equivalent to your last Available Balance loaded on it, or we will redeem, where appropriate, your Available Balance to you, unless we have any reason to believe that the notified incident has been caused by your breach of this Agreement, gross negligence or if it raises reasonable suspicion of fraudulent or improper conduct. If we decide to replace the Card, the Card should be delivered to your home address usually within 5 days of you first notifying us of the incident. If we decide to redeem any Available Balance to you, the redemption proceeds will be paid to you in accordance with paragraph 5 save that no redemption fee will be charged.
7.4 Replacement Cards will be posted to your home address only.
7.5 If you subsequently find or retrieve a Card that you have reported lost or stolen, you must notify us immediately.
8. Card Fees
8.1 The Cards are subject to certain fees as follows: a £2.50 order orocessing fee per Card purchased.
8.2 We will deduct any value added tax, and other taxes, charges and fees due from the Available Balance on your Card. If there is no Available Balance of funds on your Card, or value added tax and other taxes, charges and fees incurred exceed the balance of funds available, we shall send an itemised invoice to you and will require you to refund us within 14 days of the invoice.
9. Disputes
9.1 If you have a good reason to believe that any of the Transactions for which your Card was used are unauthorised, or if you have a good reason to believe a Transaction has been posted to you Account in error, you may ask us to investigate the Transaction by contacting Customer Services within 14 days of the date of the relevant Transaction.
9.2 It is important that you have taken the precautions set out in these terms and conditions, in particular keeping your PIN and Card safe. We reserve the right not to refund sums to you if we believe that you have not acted in accordance with this Agreement.
9.3 If the disputed Transaction is investigated and found to be incorrect the value of the Transaction will be refunded to your Account. Until our investigation is complete the disputed amount will be unavailable to spend. It may later be deducted from your Account if we receive information that proves that the Transaction was genuine.
10. Variation
10.1 We may change the terms and conditions of this Agreement, including charges, fees and limits, at any time by posting an amended version on the website at www.ticketmaster.co.uk/help for one or more of the following reasons:
10.1.1 to reflect the introduction or development of new systems, methods of operation, services or facilities;
10.1.2 to reflect a change or an expected change in market conditions, general good practice or the cost of providing our services to our customers;
10.1.3 to conform with or anticipate any changes in the law or taxation, any codes of practice or recommendations of the Financial Services Authority or other regulatory body;
10.1.4 to ensure that our business is run prudently and remains competitive;
10.1.5 to take account of a ruling by a court, ombudsman, regulator or similar body;
10.1.6 to make the terms and conditions fairer or clearer for you;
10.1.7 to rectify any mistake that might be discovered in due course; or
10.1.8 by agreement with you; or
10.1.9 to enable us to harmonise our banking interest or charging arrangements
10.2 We will give you reasonable notice by email of any material change in fees or service levels included in these terms and conditions. If you have not provided us with your email address you must regularly check the website at www.ticketmaster.co.uk/help for up to date terms and conditions.
11. Termination or Suspension
11.1 We can terminate this Agreement at any time:
11.1.1 if we give you 30 days' notice and refund the Available Balance to you; or
11.1.2 with immediate effect if you have breached this Agreement, or if we have reason to believe that you have used, or intend to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes or if we can no longer process your Transactions due to the actions of third parties.
11.2 We can suspend your Card at any time with immediate effect (and until your default has been remedied or the Agreement terminated) if:
11.2.1 we discover that any of the information that you provided to us when you applied for your Card was incorrect; or
11.2.2 a Transaction has been declined because of a lack of Available Balance; or
11.2.3 you have breached this Agreement or we have reason to believe that you have used, or intend to use, the Card in a grossly negligent manner or for fraudulent or other unlawful purposes or if we cannot process your Transactions due to the actions of third parties.
11.3 You can terminate this Agreement at any time after 30 days from the date of activation by contacting Customer Services using the contact details at paragraph 16 of this Agreement and you may be entitled to claim a refund of the Available Balance, if any, on your Card in accordance with paragraph 5.
11.4 In the event that any additional fees and/or charges are found to have been incurred on your Card following termination by either you or us, you shall refund to us any sum which relates to a withdrawal on the Card or fees and/or charges validly applied whether before or after termination. We shall send an itemised invoice to you and will require you to refund us within 14 days of the invoice.
12. Our Liability
12.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1 We shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at Merchants and failure of data processing systems;
12.1.2 We shall not be liable for any loss of profits, loss of business, loss of data or any indirect, consequential, special or punitive losses;
12.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or (at our choice) refund of the Available Balance;
12.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount; and
12.1.5 in all other circumstances of our default, our liability will be limited to refund of the Available Balance.
12.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
12.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
12.4 The above exclusions and limitations set out in this paragraph 13 shall apply to any liability of our affiliates or suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
13. Your Information
13.1 You may provide us with personal data from time to time in connection with your Card. Some personal data will be necessary for us to provide you with the Card and services under this Agreement. You must notify us immediately of any change of name and address or other personal details in writing by visiting www.ticketmaster.co.uk/help or by using the contact details set out in paragraph 16 for these purposes.
13.2 We and our affiliates are committed to maintaining your personal data in accordance with the requirements of the Data Protection Act and will take all reasonable steps to ensure that your personal data is kept secure against unauthorised access, loss, disclosure or destruction. Except as required by law, or in accordance with these terms and conditions and/ or our Privacy Policy when you book tickets, your personal information will not be passed to anyone without your permission. To comply with Anti-Money Laundering Regulations, we are required to request evidence of identity from you and may use an ID verification agency or credit reference agency (whose names and addresses will be provided to you on request) both prior to and following issue of you Card for this purpose and who will record that an entry has been made.
13.3 We may contact credit reference agencies to check your identity, and they will add details of our search to your record. You agree that we can use your personal data in connection with the Card, and the e-money associated with the Card, to contact you about replacement Cards, and to enable us to review, develop and improve our products and services. This may involve providing your personal data to our affiliates, agents, distributors, and suppliers to process Transactions and for their statistical research and analytical purposes. We may also transfer your personal data outside of the EEA to enable you to use the Card while you are travelling, and such countries may not offer the same protections for personal data. We may also disclose your personal data as required by law, regulation or any competent authority or agency including to authorities and agencies to investigate possible fraudulent, unlawful or unauthorised activity.
13.4 You may contact us at any time to request us to stop such use or further disclosure to other companies for such use.
13.5 You have a right to inspect the personal data we hold about you however we will ask you to pay an inspection fee of an amount up to £10.00 to cover our costs. For further information please contact Customer Services using the contact details at paragraph 16 of these terms and conditions.
13.6 If we discover that the information we hold about you is incorrect, we may have to suspend or cancel your Card until we can establish the correct information, in order to protect us both.
14. Complaints Procedure
14.1 Complaints regarding any element of the service provided by us should be sent in writing or by email to Customer Services using the details set out in paragraph 1616 of this Agreement.
14.2 All complaints will be subject to our Complaints Procedure. We will provide you with a copy of our Complaints Procedure upon request and, if we receive a complaint from you, a copy of our Complaints Procedure will automatically be posted to you.
14.3 If we fail to resolve your complaint to your satisfaction you may refer your complaint to the Financial Ombudsman Service (South Quay Plaza, 183 Marsh Wall, London E14 9SR; telephone 0845 0801 800. Details of the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk.
14.4 The Financial Services Compensation Scheme is not applicable for the Card. No other compensation schemes exist to cover losses claimed in connection with the Card.
15. General
15.1 Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
15.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
15.3 You may not assign or transfer any of your rights and/or benefits under these terms and conditions and you shall be the sole party to the contract between us. You will remain liable until all Cards issued to you are cancelled or have expired and all sums due under these terms and conditions have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.
15.4 No third party who is not a party to this Agreement has a right to enforce any of the provisions of these terms and conditions.
15.5 This Agreement is governed by English law and you agree to the non-exclusive jurisdiction of the courts of England and Wales.
16. Contacting Customer Services
If you need assistance, you can contact Customer Services by telephoning 08701 535353 between the hours of 9.00 am and 5.00pm on Monday to Friday, or by writing to Customer Services at PO Box 798, Manchester, M60 1WY, or by e-mailing via the website at www.ticketmaster.co.uk/help. A Lost and Stolen service is also available 24 hours on the Customer Services telephone number.
Definitions
'Account Number' - This is your unique personal account number, and is found on the back of your Card.
'Account' - The electronic account associated with your Card.
'Agreement' - This cardholder agreement as varied from time to time.
'Available Balance' - Value of funds loaded onto your Card and available for use.
'Card' - Any Ticketmaster prepaid card issued to you under this Agreement.
'Cardholder' - You, the person entering into this Agreement with us.
'Customer Services' - The contact centre for dealing with queries and requests for services in relation to your Card. Contact details for Customer Services can be found at paragraph 16 below.
'e-money' - The electronic money associated with your Card.
'Merchant' - A retailer, or any other person, firm or corporation that accepts Ticketmaster Cards. 'Ticketmaster' - Ticketmaster UK Limited (Company number 02662632) whose registered office is 48 Leicester Square, London WC2H 7LR
'Transaction' - A retail sale completed by you using your Card.
'we', 'us' or 'our' - PrePay Technologies Limited, a company registered in England and Wales with number 04008083 who can be contacted at PO BOX 5381, London, W1A 7EY. PrePay Technologies Limited is authorised and regulated by the Financial Services Authority to issue e-money and is registered in the Financial Services Register with registration number 219619.
'you', 'your' - The Cardholder.
1. Scope of this Agreement
1.1 Your Card is an e-money stored value gift card containing the value that you have loaded onto it. The Card is not a credit card, charge card, cheque guarantee card, or debit card.
1.2 These terms and conditions are written and available only in English and we undertake to communicate with you in English regarding any aspect of your Card or Account.
2. Purchase, Receipt and Activation of Cards
2.1 You can purchase a Card at www.ticketmaster.co.uk, by calling Ticketmaster on 08705 344444 or at most Ticketmaster ticket centres.
2.2 You can purchase a Card by paying for it in cash or by using a credit card or a debit card.
2.3 The person who purchases a Card will need to give their name and the delivery address for the Card at the point of sale.
2.4 Your Card will be delivered to the address given when the Card was purchased within 14 days of purchase.
2.5 Upon receipt of the Card, you will need to activate it using the website or by telephoning Customer Services as outlined at paragraph 16 of this Agreement. In order to complete activation, you will need the Card number and the Ticketmaster reference number which will be found on the card carrier.
2.6 You will need a PIN in order to make balance enquiries. You will be able to select a PIN when you activate your card.
3. Use of Cards
3.1 Your Card can be redeemed in full or in part at Ticketmaster ticket and call centres, and at selected e-ticket centres including Tourist Information Centres and any other ticket outlets where Ticketmaster Cards are accepted (subject to Ticketmaster's Purchase Policy which is available on www.ticketmaster.co.uk and by telephoning 08705 344444).
3.2 Your Card is not a cheque guarantee card, debit card, credit card or charge card.
3.3 Your Card can not be exchanged for cash.
3.4 Your Card is a stored value gift card, which means that the Card's Available Balance will be reduced by the full amount of each Transaction and authorisation, plus value added tax and any other taxes that are applicable (the "Full Deductible Amount"). The Full Deductible Amount must be less than or equal to the Available Balance on your Card. You must not use your Card if the Full Deductible Amount exceeds the Available Balance or after the expiry date of the Card. If, for any reason, a Transaction is processed for an amount greater than the Available Balance on Your Card, you must repay us the amount by which the Full Deductible Amount exceeds your Available Balance within 14 days of a letter from us requesting payment.
3.5 You can check your Available Balance by calling the Customer Services number found at paragraph 16 of these terms and conditions, or by visiting www.ticketmaster.co.uk/help This service is free of charge but call charges are applicable at a local rate.
3.6 The Available Balance on your Account will not earn any interest..
4. Card Expiry
4.1 Your Card will expire 12 months after activation. You will not be able to use your Card if it has expired.
4.2 No Transactions will be processed once your Card has expired.
5. Refund of Your E-money
5.1 If you would like to terminate your Card and claim a refund of any unused funds, you may do so as long as:
5.1.1 the Available Balance is greater than the Pounds Sterling equivalent of €10 (10 Euros); and
5.1.2 we believe you have not acted fraudulently;
5.1.3 we are not prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency and
5.1.4 you claim your refund more than one month and less than 12 months after the date of activation of your Card.
5.2 You may obtain a refund of any unused funds by contacting Customer Services using the contact details at paragraph 16 of these terms and conditions and stating that you wish to claim a refund of your e-money.
5.3 We will charge a refund administration fee of either £20.00 or twenty percent of the Available Balance (whichever is the higher). We will inform you of the exact amount of this fee once we have processed your refund. The refund amount will be passed on to you, less the refund administration fee, in the following way;
5.3.1 If you have used a debit or credit card to top-up your account we will credit the refund to debit or credit card account that you originally used to buy the Card.
5.3.2 For all other refund requests, we will send you a cheque.
5.4 Please note that our procedures may require us to carry out various checks reasonably required to prevent fraudulent use of your Card before we can process your refund request.
5.5 If we find that any additional withdrawals, fees or charges have been incurred on your Card following the processing of your refund, we shall send an itemised invoice to you and will require you to refund us within 14 days of the invoice.
6. Cardholder Liability and Authorisations
6.1 We may restrict or refuse to authorise any use of your Card if using the Card is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that either you or a third party has committed or is about to commit a crime or other abuse in connection with the Card.
6.2 If we need to investigate a Transaction on the Card then you must cooperate with us, the police or any other authorised body if this is required.
6.3 You should never:
6.3.1 allow another person to use your Card;
6.3.2 record your PIN in writing, or with your Card or otherwise;
6.3.3 disclose your PIN to or otherwise make it available to any other person, whether verbally or by entering it in a way that allows it to be observed by others or otherwise; or
6.4 You agree to indemnify and hold harmless us and our distributors, partners, agents, sponsors (including without limitation Clydesdale Bank PLC), and service providers and their group companies for and against the costs of any legal action taken to enforce these terms and conditions and/or any breach of these terms and conditions or fraudulent use of your Card or PIN by or authorised by you.
7. Lost, Stolen or Damaged Cards
7.1 You should treat the e-money on your Card like cash in a wallet. If you lose your Card or it is stolen you may lose any e-money on it in just the same way as if you lost your wallet.
7.2 In the event of loss, theft, fraud or any other risk of an unauthorised use of your Card, or if your Card is damaged or malfunctions, you must contact Customer Services using the details in paragraph 16 of this Agreement immediately. You will be asked to provide us with your Card Number and some identifying details. You will be liable for any unauthorised Transactions that take place prior to you notifying us and these will reduce your Available Balance. If our records show that there is an Available Balance remaining on your Card, we will cancel the Card to limit any further losses.
7.3 In the event of loss, theft, fraud or any other risk of an unauthorised use of your Card, or if your Card is damaged or malfunctions, we will replace your Card with an equivalent to your last Available Balance loaded on it, or we will redeem, where appropriate, your Available Balance to you, unless we have any reason to believe that the notified incident has been caused by your breach of this Agreement, gross negligence or if it raises reasonable suspicion of fraudulent or improper conduct. If we decide to replace the Card, the Card should be delivered to your home address usually within 5 days of you first notifying us of the incident. If we decide to redeem any Available Balance to you, the redemption proceeds will be paid to you in accordance with paragraph 5 save that no redemption fee will be charged.
7.4 Replacement Cards will be posted to your home address only.
7.5 If you subsequently find or retrieve a Card that you have reported lost or stolen, you must notify us immediately.
8. Card Fees
8.1 The Cards are subject to certain fees as follows: a £2.50 order orocessing fee per Card purchased.
8.2 We will deduct any value added tax, and other taxes, charges and fees due from the Available Balance on your Card. If there is no Available Balance of funds on your Card, or value added tax and other taxes, charges and fees incurred exceed the balance of funds available, we shall send an itemised invoice to you and will require you to refund us within 14 days of the invoice.
9. Disputes
9.1 If you have a good reason to believe that any of the Transactions for which your Card was used are unauthorised, or if you have a good reason to believe a Transaction has been posted to you Account in error, you may ask us to investigate the Transaction by contacting Customer Services within 14 days of the date of the relevant Transaction.
9.2 It is important that you have taken the precautions set out in these terms and conditions, in particular keeping your PIN and Card safe. We reserve the right not to refund sums to you if we believe that you have not acted in accordance with this Agreement.
9.3 If the disputed Transaction is investigated and found to be incorrect the value of the Transaction will be refunded to your Account. Until our investigation is complete the disputed amount will be unavailable to spend. It may later be deducted from your Account if we receive information that proves that the Transaction was genuine.
10. Variation
10.1 We may change the terms and conditions of this Agreement, including charges, fees and limits, at any time by posting an amended version on the website at www.ticketmaster.co.uk/help for one or more of the following reasons:
10.1.1 to reflect the introduction or development of new systems, methods of operation, services or facilities;
10.1.2 to reflect a change or an expected change in market conditions, general good practice or the cost of providing our services to our customers;
10.1.3 to conform with or anticipate any changes in the law or taxation, any codes of practice or recommendations of the Financial Services Authority or other regulatory body;
10.1.4 to ensure that our business is run prudently and remains competitive;
10.1.5 to take account of a ruling by a court, ombudsman, regulator or similar body;
10.1.6 to make the terms and conditions fairer or clearer for you;
10.1.7 to rectify any mistake that might be discovered in due course; or
10.1.8 by agreement with you; or
10.1.9 to enable us to harmonise our banking interest or charging arrangements
10.2 We will give you reasonable notice by email of any material change in fees or service levels included in these terms and conditions. If you have not provided us with your email address you must regularly check the website at www.ticketmaster.co.uk/help for up to date terms and conditions.
11. Termination or Suspension
11.1 We can terminate this Agreement at any time:
11.1.1 if we give you 30 days' notice and refund the Available Balance to you; or
11.1.2 with immediate effect if you have breached this Agreement, or if we have reason to believe that you have used, or intend to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes or if we can no longer process your Transactions due to the actions of third parties.
11.2 We can suspend your Card at any time with immediate effect (and until your default has been remedied or the Agreement terminated) if:
11.2.1 we discover that any of the information that you provided to us when you applied for your Card was incorrect; or
11.2.2 a Transaction has been declined because of a lack of Available Balance; or
11.2.3 you have breached this Agreement or we have reason to believe that you have used, or intend to use, the Card in a grossly negligent manner or for fraudulent or other unlawful purposes or if we cannot process your Transactions due to the actions of third parties.
11.3 You can terminate this Agreement at any time after 30 days from the date of activation by contacting Customer Services using the contact details at paragraph 16 of this Agreement and you may be entitled to claim a refund of the Available Balance, if any, on your Card in accordance with paragraph 5.
11.4 In the event that any additional fees and/or charges are found to have been incurred on your Card following termination by either you or us, you shall refund to us any sum which relates to a withdrawal on the Card or fees and/or charges validly applied whether before or after termination. We shall send an itemised invoice to you and will require you to refund us within 14 days of the invoice.
12. Our Liability
12.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1 We shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at Merchants and failure of data processing systems;
12.1.2 We shall not be liable for any loss of profits, loss of business, loss of data or any indirect, consequential, special or punitive losses;
12.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or (at our choice) refund of the Available Balance;
12.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount; and
12.1.5 in all other circumstances of our default, our liability will be limited to refund of the Available Balance.
12.2 Nothing in this Agreement shall exclude or limit our liability for death or personal injury resulting from our negligence or fraud.
12.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
12.4 The above exclusions and limitations set out in this paragraph 13 shall apply to any liability of our affiliates or suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.
13. Your Information
13.1 You may provide us with personal data from time to time in connection with your Card. Some personal data will be necessary for us to provide you with the Card and services under this Agreement. You must notify us immediately of any change of name and address or other personal details in writing by visiting www.ticketmaster.co.uk/help or by using the contact details set out in paragraph 16 for these purposes.
13.2 We and our affiliates are committed to maintaining your personal data in accordance with the requirements of the Data Protection Act and will take all reasonable steps to ensure that your personal data is kept secure against unauthorised access, loss, disclosure or destruction. Except as required by law, or in accordance with these terms and conditions and/ or our Privacy Policy when you book tickets, your personal information will not be passed to anyone without your permission. To comply with Anti-Money Laundering Regulations, we are required to request evidence of identity from you and may use an ID verification agency or credit reference agency (whose names and addresses will be provided to you on request) both prior to and following issue of you Card for this purpose and who will record that an entry has been made.
13.3 We may contact credit reference agencies to check your identity, and they will add details of our search to your record. You agree that we can use your personal data in connection with the Card, and the e-money associated with the Card, to contact you about replacement Cards, and to enable us to review, develop and improve our products and services. This may involve providing your personal data to our affiliates, agents, distributors, and suppliers to process Transactions and for their statistical research and analytical purposes. We may also transfer your personal data outside of the EEA to enable you to use the Card while you are travelling, and such countries may not offer the same protections for personal data. We may also disclose your personal data as required by law, regulation or any competent authority or agency including to authorities and agencies to investigate possible fraudulent, unlawful or unauthorised activity.
13.4 You may contact us at any time to request us to stop such use or further disclosure to other companies for such use.
13.5 You have a right to inspect the personal data we hold about you however we will ask you to pay an inspection fee of an amount up to £10.00 to cover our costs. For further information please contact Customer Services using the contact details at paragraph 16 of these terms and conditions.
13.6 If we discover that the information we hold about you is incorrect, we may have to suspend or cancel your Card until we can establish the correct information, in order to protect us both.
14. Complaints Procedure
14.1 Complaints regarding any element of the service provided by us should be sent in writing or by email to Customer Services using the details set out in paragraph 1616 of this Agreement.
14.2 All complaints will be subject to our Complaints Procedure. We will provide you with a copy of our Complaints Procedure upon request and, if we receive a complaint from you, a copy of our Complaints Procedure will automatically be posted to you.
14.3 If we fail to resolve your complaint to your satisfaction you may refer your complaint to the Financial Ombudsman Service (South Quay Plaza, 183 Marsh Wall, London E14 9SR; telephone 0845 0801 800. Details of the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk.
14.4 The Financial Services Compensation Scheme is not applicable for the Card. No other compensation schemes exist to cover losses claimed in connection with the Card.
15. General
15.1 Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
15.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
15.3 You may not assign or transfer any of your rights and/or benefits under these terms and conditions and you shall be the sole party to the contract between us. You will remain liable until all Cards issued to you are cancelled or have expired and all sums due under these terms and conditions have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.
15.4 No third party who is not a party to this Agreement has a right to enforce any of the provisions of these terms and conditions.
15.5 This Agreement is governed by English law and you agree to the non-exclusive jurisdiction of the courts of England and Wales.
16. Contacting Customer Services
If you need assistance, you can contact Customer Services by telephoning 08701 535353 between the hours of 9.00 am and 5.00pm on Monday to Friday, or by writing to Customer Services at PO Box 798, Manchester, M60 1WY, or by e-mailing via the website at www.ticketmaster.co.uk/help. A Lost and Stolen service is also available 24 hours on the Customer Services telephone number.