TDI TICKETING
END USER LICENCE AGREEMENT
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THESE TERMS AND CONDITIONS WHICH WILL BIND YOU.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE “REJECT” BUTTON BELOW, WHICH WILL PRECLUDE YOU FROM USING THIS APPLICATION.
Definitions
- App – means the TDI Ticketing software application version 1.0.26, and any updates or supplements to it, which is a ticketing service platform to be used by you to perform the Services(and the data supplied with the software).
- AppStore – means the Apple AppStore or Google PlayStore, as the case may be.
- Customers – means individuals or entities to whom you are providing the Services on behalf of Dance Island, through the use of the App.
- Dance Island – means Dance Island Limited, a company registered under the laws of the Republic of Malta bearing registration number C 100102.
- Partners – means any individual or entity on behalf of whom Dance Island (or you on behalf of Dance Island) are providing the Services.
- Services – means:
- Promoting, booking, marketing or selling tickets, events, products or other services to Customers through the use of the App on behalf of Dance Island;
- Promoting, booking, marketing or selling tickets, events, products or other services to Customers through the use of the App on behalf of Partners;
- Executing financial transactions between Customers and Dance Island or the Partners, as the case may be, as explicitly permitted by Dance Island; and, or
- Performing any other act or providing any other services through the use of the App to the benefit of Dance Island of the Partners, as you may, from time to time, have been specifically and explicitly instructed to do by Dance Island.
- You – means the individual who has accepted these terms and conditions and who is using the App.
Who we are and what this agreement does
We Dance Island license you to use:
- The App;
- The related electronic documentation (hereinafter the “Documentation”);
- The platform you connect to via the App and the content we provide to you through it for the purpose of executing the Services;
as permitted in these terms.
We, the team at Dance Island, strongly value your privacy – and therefore are committed to protect your personal data (i.e. information that identifies you) as though it is our own.
Under applicable data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy (https://thedanceisland.com/privacy-policy-app/) and it is important that you read that information.
Cookie Policy
- The use of the App does not require the use of cookies on your device.
The ways in which you can use the App and Documentation may also be controlled by the AppStore’s rules and policies and the AppStore’s rules and policies may apply instead of these terms where there are differences between the two.
To be installed and operated as intended, this App requires a mobile phone or handheld device which runs the latest version of the iOS or Android operating system.
Support for the App and how to tell us about problems
Support. If you want to learn more about the App or the Service or have any problems using them please hello@danceisland.com
Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at tickets@tditicketing.com.
How we will communicate with you. If we have to contact you we will do so by email, by SMS, or telephonically, using the contact details you have provided to us upon registration.
How you may use the App, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
- download a copy of the App onto one mobile phone or handheld device, on which the App is downloaded, and view, use and display the App and perform the Service on such device for the purposes, stipulated herein;
- use any Documentation to support your permitted use of the App and performance the Services; and
- receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
- You shall only use the App for the purposes of providing the Services to Customers in accordance with the written contract you have in place with Dance Island. You shall not use the App for any purpose other than for the benefit of Dance Island. In the event that Dance Island, in its sole discretion, chooses to terminate the written contract it has with you, you shall immediately cease using the App. If you breach any provisions in the contract with Dance Island and, or in this agreement, you shall be held liable for any damages sustained by Dance Island arising from such breach or from your continued use of this App following such breach.
Age Restriction
You must be 18 years of age or over to accept these terms and use the App.
You may not transfer the App to someone else
We are giving you personally the right to use the App for the purpose of providing the Service as set out above. You may not otherwise transfer the App or the performance of the Service to someone else, whether for money, for anything else or for free. You are not permitted to allow any third party to use the App.
We may need to change these terms to reflect changes in law, to deal with additional features which we introduce, or for any other reason.
We will give you at least thirty [30] days prior notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.
Any material change in these terms will require your explicit consent in the form of your acceptance of these terms, as may be updated. If you do not accept the notified changes you will not be permitted to continue to use the App and perform the Service.
Update to the App and changes to the Service
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and perform the Services.
We strive to ensure that the App will always work with the most recent version of the operating system (as it may be updated from time to time) and match the description of it provided to you when it was downloaded.
If someone else owns the mobile phone or handheld device you are using
If you download the App onto any mobile phone or other handheld device which is not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the mobile phone or other handheld device.
We are not responsible for other websites you link to
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You unreservedly agree that you will:
- not sell, transfer, rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any manner or form, in whole or in part to any person without prior written consent from us, and to the extent explicitly permitted by Dance Island;
- not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and perform the Services on devices as explicitly permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited, under applicable law, and provided that the information obtained by you during such activities:
- is not disclosed or communicated, without Dance Island’s prior explicit written consent, to any third party; and
- is not used to create any software that is substantially similar in its expression to the App;
- is kept secure.
- comply with all applicable laws including but not limited to, data protection laws, when using the App or performing any Service.
You will:
- not use the App or perform any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms or any other agreement you have with Dance Island, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of Partners or any other third party while using the App or performing any Service, including by the submission of any material, information, personal data or other data (to the extent that such use is not licensed by these terms);
- not transmit any material that is defamatory, offensive or otherwise objectionable while using the App or performing any Service;
- not use the App or perform any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users or in any manner negatively affect the App’s functionality, usability; and
- not collect or harvest any information or data from the App (or otherwise while performing any Service) or our systems or otherwise attempt to decipher any transmissions to or from the servers running the App or any Service.
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us, our Partners or our licensors (as the case may be) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms. For the purposes of these terms, the term intellectual property rights shall include all patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, business names, trade names and rights in the App, Documentation, Services, domain names, goodwill, rights in designs, database rights, rights to use, and protect the confidentiality of confidential information (including personal data, know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered.
Our responsibility for loss or damage suffered by you
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge, in a timely manner, or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We are not liable for business losses. The App is intended solely for commercial use by Dance Island employees, contractors, sub-contractors, affiliates or other third parties, all of whom must have obtained the explicit written consent of Dance Island prior to downloading, installing and or using the App. If you use the App for any purpose other than to execute the Services or for any commercial, business or resale purpose which has not been explicitly authorised in writing by Dance Island, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App and the Services. The App shall only be used for the purposes of your execution of the Services or for the execution of any written agreement which you have with Dance Island. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the Appstore site and in the Documentation) meet your requirements and that you are capable to provide the Services through the use of the App, as agreed with Dance Island.
We are not responsible for events outside our control. If the availability of the App or our support for the App or the Services is delayed by an event outside our control then we will try and contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. That being said, we will not be liable for delays caused by the event.
We may end your rights to use the App and the Services if you break these terms
We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way or if Dance Island determines in its sole discretion that your rights to use the App or provide the Services shall be terminated. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App and provide the Services:
- You must stop all activities authorised by these terms, including your use of the App and the provision of any Services.
- You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have, as well as any personal data which has come into your possession through the use of the App or the provision of the Services, and confirm to us that you have done this.
- We may remotely access your devices and remove the App and the personal data from them and cease providing you with access to the App and limit or exclude you entirely from providing the Services.
We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under any contract you have with Dance Island.
You need our consent to transfer your rights to someone else
You may only transfer your rights or your obligations under these terms to another person with Dance Island’s explicit consent in writing.
This agreement does not give rise to any rights to third parties to enforce any term of this agreement.
If a court finds part of this contract illegal, the rest will continue in force
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any part of these terms is unlawful or otherwise unenforceable, the remaining terms in this agreement will remain in full force and effect.
In the event that the terms of this agreement conflict with any terms contained in any written contract you have in place with Dance Island irrespective of whether any such written agreement was concluded before or after downloading or otherwise using the App), the terms of the written agreement you have with Dance Island shall prevail, and the conflicting terms in this agreement will be ignored to the extent such conflict exists.
Even if we delay in enforcing this contract, we can still enforce it later
Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Which laws apply to this agreement and where you may bring legal proceedings
These terms, your use of the App, your provision of the Services, and any dispute relating thereto are governed exclusively by Maltese law. The Courts of Malta shall have exclusive jurisdiction to determine any dispute relating to this agreement.