Terms and Conditions
PLEASE NOTE THAT CLAUSE 11 OF THESE TERMS INCLUDES AN EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY.
| "Accept" | means either: (i) to register to use the Service by means of the registration screen; or (ii)to use the Service; and thereby to consent to be bound by these Terms; |
| "Content" | means information, software, photographs, video, graphics, music, sound and other material that appears on the Website or are made available through the Service; |
| "Intellectual Property Rights" | means throughout the world all copyrights, database rights, trade marks, trade names, patents and other intellectual property or industrial property rights created, developed and subsisting; |
| "Page" | means a page of the Website; |
| "PDPs" | means potentially destructive contaminating or harmful programs or components such as, but not limited to, worms, trojan horses and viruses; |
| "Server" | means the server used by Fatsoma to host the Website; |
| "Service" | means the entertainment,advertisements, Facebook applications, ticket sales and information provided by Fatsoma by means of the Website and/or SMS; |
| "ticket" | means a ticket purchased via the website to allow the user entry into a specified event; |
| "SMS" | means short message service; |
| "these Terms" | means the terms and conditions of this Agreement; |
| "User" | means the individual, business (including any sole trader, partnership, limited company or other organisation or person) that has registered (either itself or by means of a duly authorised officer, agent or other representative) with Fatsoma by means of the registration screen on the Website or that uses the Service; |
| "User's Equipment" | means the User's own computer equipment, telecommunications dial-up connection, software, any telecommunication services and communications lines (including any public lines) required by the User properly to access and use the Service; |
| "Website" | means the website with URL http://www.fatsoma.com or such other URL or URLs as Fatsoma may in its sole discretion from time to time decide by means of which Fatsoma may provide the Service; and |
| "Fatsoma" | means Fatsoma Limited, a company registered in the UK with company number 05495880 and whose registered office is at 3 The Stables, Wilmslow Road, East Didsbury, Manchester M20 5PG. |
| "Promoter" | Person(s) signing up to Fatsoma in order to use it's online tools. |
| "Venue" | Person(s) signing up to Fatsoma in order to use extended features to advertise a specific venue. |
| "Promoter and Venue Account" | Alternative form of registration on Fatsoma with extended features used to promote events to Fatsoma members. |
Words denoting the singular number only shall include the plural and vice versa. Words denoting any gender shall denote all genders and words denoting persons shall include firms and corporations and vice versa. Unless the context otherwise requires reference to any clause, sub-clause or schedule is to a clause, sub-clause or schedule (as the case may be) of or to this Agreement. The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of this Agreement.
4.2. Fatsoma may vary these Terms at any time. Such variations shall become effective immediately upon the posting of the modified Terms on the Website or notification to the User. By continuing to use the Service following any such variation the User shall be deemed to accept such variation.
5.1.1. the SMS sent by the User will cost the price listed on the Website or in Fatsoma's promotional material from time to time;
5.1.2. the originating telephone number will be revealed to Fatsoma. Fatsoma will store the User's telephone number so that Fatsoma may text the User updates or other offers. There is no charge to the User for receiving the further SMSs referred to in clause 5.1.3.
6a.2. The User shall ensure at all times that its use of any part of the Service, including connection of the User's Equipment to the Server, is in accordance with all applicable data protection and other laws, licences, codes of practice and regulations.
6a.3. The Service shall only be used by the User or a duly authorised officer, agent or other representative of the User. The User may not sell on or sublet either the whole or part of the Service.
6a.4. The User shall not permit anyone else to copy, store, modify, transmit, distribute, broadcast any part of the Content except where it is necessary to do so to enable the User to receive the Service in accordance with these Terms.
6a.5. In order to access the Service the User may be required to use a unique password ('Password'). The User may only disclose its Password to its duly authorised officers, agents or other representatives. The User is responsible for the security and proper use of its Password and shall take all necessary steps to ensure that the Password is kept confidential, used properly and not disclosed to unauthorised persons.
6a.6. Fatsoma at its sole discretion reserves the right to:
(a) refuse to accept a User's registration; or
(b) limit a User's access to the whole or any part of the Service.
6a.7. Access to the Website is permitted on a temporary basis and Fatsoma reserves the right to suspend at its sole discretion the whole or any part of the Service for any reason whatsoever. In such situations, Fatsoma shall seek to, but shall not be obliged to, give the User as much notice as is reasonably practicable. For the avoidance of doubt, Fatsoma shall not be liable to the User for any loss whatsoever arising from such a suspension.
6a.8. Fatsoma shall be entitled to vary the technical specification of the Service and the Website from time to time. Fatsoma may, for this purpose, suspend access to the Website or close it indefinitely. Any of the material on the Website may be out of date at any given time and we are under no obligation to update our material.
6a.9. The User acknowledges that despite Fatsoma taking reasonable precautions it is still possible that PDPs may be transmitted from the Server or a server belonging to any third party to the User's Equipment. The User therefore accepts that is shall have full responsibility for protecting the User's Equipment from PDPs and Fatsoma shall have no responsibility for ensuring that content downloaded from the Website is free of PDPs.
6a.10. User accounts which are inactive for a period of 12 months or more will be closed. This includes user, rep and promoter accounts. Funds must be withdrawn within 12 months of monies being cleared.
6b.2. It is the sole responsibility of the promoter listing the event to make sure that the event details are correct, this includes but is not limited to: entry times, ticket price, rep fees, booking fee variations and door policy. Fatsoma is in no way responisble for incorrectly entered events, nor is it responsible for any revenue lost as a consequence
6b.3. Should the promoter cancel an event it is the promoter's responsiblity to inform Fatsoma and the customers who purchased tickets. The promoter is responsible for processing refunds on the Fatsoma platform, or contacting customers regarding an alternative date.
6b.4. Fatsoma has the right to remove any events and take off sale any tickets which it believes to be unsuitable for the Fatsoma platform.
6b.5. Promoters are responsible for informing Fatsoma of any bugs or issues with the platform. Fatsoma is in no way liable for losses caused by these bugs or issues, but will endevour to fix these as soon as possible.
6b.6. Fatsoma accepts no responsibility for misused promoter accounts. Fatsoma is not liable for loses incurred due to the misuse of an account by the account owner or any other party. This includes but is not limited to: incorrect withdrawal of funds, incorrect event information and other general misuse of the account.
6c.2. Fatsoma is in no way responsible for commissions set by promoters and is not affiliated with the events in any way.
6c.3. Reps are neither employed by the promoters or by Fatsoma directly. It is the reps sole responsibility to declare any taxation requirements, Fatsoma is acting purely as a platform for reps to earn commission. Details of UK taxation can be found at www.hmrc.gov.uk
6c.4. Reps are responsible for the withdrawal of their funds from Fatsoma, as well as inputing the correct bank details for money to be transferred.
6c.5. Reps are responsible for informing Fatsoma of any bugs or issues with the platform. Fatsoma is in no way liable for losses caused by these bugs or issues, but will endevour to fix these as soon as possible.
7a.2. All tickets sold on the Website are at the point of sale owned by Fatsoma.
7a.3. The User may apply for a refund prior to the event in question provided that tickets for the event remain on sale. Acceptance of refunds are determined by the event's refund policy and it is the customer's responsibity to check this policy with the promoter prior to purchasing the ticket.
7a.4. Fatsoma will process the refund due to the User in accordance with clause 7a.3 as soon as possible and, in any case, within 30 days of the day the refund is accepted by the promoter.
7a.5. Should an event be cancelled the Promoter of the event will inform the User prior to such cancellation and will refund to the User the ticket price minus the booking fee.
7b.2. The promoter of the event is responsible for setting his/her own terms and conditions, including cancellation and refund policy.
7b.3. It is the responsibility of the ticket buyer to check these terms with the promoter before the purchase of any tickets.
7b.4. Fatsoma will forward on any requests to the promoter concerned, but is in no way responsible for tickets sold through the direct pay method and has no authority to issue refunds without the promoter's consent.
8.2. The Service is provided by Fatsoma subject to the condition that there will be no abuse or fraudulent use thereof. Abuse and fraudulent use of the Service shall include (without limitation):
8.2.1. obtaining or attempting to obtain, the Service by re-arranging, tampering with, or making connecting with any facilities of Fatsoma, or by any trick, scheme, false representation or by or through any other fraudulent means or devices whatsoever in whole or in part;
8.2.2. attempting to, or actually obtaining, accessing, altering or destroying any one or more from the data files, programs, procedures and information of Fatsoma or of another user of the Service;
8.2.3. assisting another to perform the acts prohibited in 8.2.1 and 8.2.2 above;
8.2.4. using the Service in such a manner as to interfere unreasonably with the use of the Service by any other User or authorised person; and
8.2.5. use of the Service by any person unless they are a duly authorised officer, agent or other representative of the User.
8.3. The User must not modify the paper or digital copies of any materials they have printed off or downloaded from the Website in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.4. The User must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from Fatsoma.
8.5. 8.5 If the User prints off, copies or downloads any part of the Website in breach of these Terms, the User's right to use will cease immediately and the User must, at Fatsoma's option, return or destroy any copies of the materials they have made.
8.6. Fatsoma has used its reasonable endeavours to ensure that the Website is secure. However, Fatsoma does not warrant or represent that either this is the case or that the internet (which by its very nature is insecure) is secure.
9.1.1. not be in breach of any contractual, statutory (including but not limited to infringement of Intellectual Property Rights, data protection, defamation, theft, fraud, drug-trafficking, money-laundering and terrorism statutes) or common law rights of any third party;
9.1.2. not be threatening, fraudulent, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable or inappropriate as determined by Fatsoma at its sole discretion; and
9.1.3. not cause any PDPs to be transmitted to the Server.
9.2. The User represents and warrants that all the information that it supplies to Fatsoma shall be accurate, complete and true in all respects and the User agrees that it shall notify Fatsoma immediately of any changes to such information or if such information becomes out of date.
10.2. Fatsoma's use of Information is set out in the Privacy Policy
10.3. By providing Fatsoma with the Information and by Accepting these Terms the User specifically consents to the activities stipulated in this clause 10 and terms and conditions of the Privacy Policy.
11.2. The Service is provided "as is" without any warranty of any kind either express or implied including but not limited to the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, title and non-infringement of Intellectual Property Rights.
11.3. Neither Fatsoma nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Service. This is a comprehensive limitation of liability that applies to damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties, and whether arising from negligence, breach of contract, statutory duty or otherwise.
11.4. The User acknowledges that any data transmitted to Fatsoma or the Server electronically via the internet, an intranet or another private network including without limit the Website may be intercepted by third parties and unlawfully exploited. The User accordingly accepts that Fatsoma has no responsibility in respect of the acts of the said third parties.
11.5. In the event that Fatsoma incurs any liability whatsoever to the User such liability shall in all cases be limited to the amount equivalent to the usage fee paid for the Service. over a twelve month period.
11.6. Fatsoma is not responsible in contract or in tort for the unauthorised access to, or alteration, theft or destruction of emails, files, programs, or information of the User by any person through accident or by fraudulent means or devices, even if such access occurs as a result of Fatsoma's own negligence.
11.7. Notwithstanding the foregoing, none of the exclusions or limitation in this clause 11 are intended to limit any rights the User may have as a consumer under local law or statutory rights which may not be excluded nor in any way to exclude or limit Fatsoma's liability to the User for death or personal injury resulting from Fatsoma's negligence or that of Fatsoma's employees or agents.
12.1.1. access to and/or use of the Service by the User;
12.1.2. (without prejudice to clause 9.2) any information, data or material produced, transmitted or downloaded by the User;
12.1.3. any breach by the User of any of the Terms of any law, code or regulation relating thereto, to the internet or the User.
17.2. Fatsoma is fully entitled to assign or transfer this Agreement or the benefit of the Service at any time.
All notices shall be sent to Fatsoma at Fatsoma's address:
Fatsoma Limited,
3 The Stables,
Wilmslow Road,
East Didsbury,
Manchester,
M20 5PG.
or to such other address as may from time be designated by notice set out on the Website or otherwise notified to the User. Fatsoma may at its sole discretion notify Users of any matter by displaying a message on the Website.
Any such notice shall be in the English language and shall be considered to be received within seven working days after it was sent in the manner hereinbefore provided.
19.1.1. The legality, validity or enforceability in that jurisdiction of any other provision of this Agreement or;
19.1.2. The legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.
