Likewise, this document regulates the steps and procedures that must take place in the transaction process of the passing of ownership between users of the Website www.stubhub.com.au.
With the use of the services provided by this Website, one assumes the position of "Website User" (hereinafter, the "User"), which implies the full acceptance, without any reservation, of each and every one of the rules and regulations included in the "Terms and Conditions" that is published by StubHub., in the precise moment that the User accesses the Website.
The user recognises and accepts that the information included in reference to the specifications of services provided, as well as the general conditions and finalisation of the contract, is adequate for the exclusion of any error in the formation of consent. However, StubHub. will inform the User of any adjustments in technical specification of services, or of the contractual relationship, that has been formally requested.
StubHub., through the Website, provides a mediation service to their Users for the transaction of titles (hereinafter, "the Service") amongst the legitimate holder of any title/value which allows access to an event or public spectacle (hereinafter, "Ticket"), who is willing and authorized to cede them to a third party gratuitously or for a payment (hereinafter, and for descriptive purposes only, "Sellers") and, those interested in being the beneficiary or buyer of these titles (hereinafter, and for descriptive purposes only, "Buyers").
StubHub., is neither the legal holder, owner, or possessor of any of the titles referred to in the prior paragraph, nor does it cede, donate, sell, buy them or transfer any property or possession of them, limiting itself to solely providing the Users with a portal, facilitating and guaranteeing the correct development and economic management of the transactions of the cited titles. StubHub. does not share the legal property of the tickets between users (seller and buyer).
StubHub., within its Service, solely provides a platform to facilitate the transactions amongst buyers and sellers and, therefore, cannot guarantee that this will be done effectively, leaving the actual operation of the transactions to the free will of the users. With the acceptance of the present conditions, Users shall exempt StubHub., of any responsibility, not strictly imposed by law, derived from the transactions that are carried out, or attempted to be carried out, on the www.stubhub.com.au website.
StubHub. doesn't control nor guarantee the authenticity or the accuracy of the seller's ads nor the capacity of the seller to sell the articles. These users are obliged to provide correct, complete and exact information of the published tickets.
In order to carry out registration, the user must provide StubHub with their full name, e-mail address, as well as their mobile phone number.
Once the user completes the registration form for access to the Service, they will be assigned a Username, which will coincide with the e-mail address provided in the registration form, and a password for personal access that the User will subsequently be able to modify. The responsibility of custody and security of the Username and password lies upon the User, who assumes responsibility of all of the transactions that are carried out in virtue under their Username and password.
All of the information indicated by the user throughout the procedure of registration must be authentic, exact and complete. To this effect, the User guarantees the authenticity of all data that it communicates in consequence of completing the forms necessary for the subscription of the Service. The User will also be responsible for the maintenance of all information provided to StubHub., always keeping it updated in a way that corresponds, in every moment, to the current situation of the User. In all cases, the User will have sole responsibility for any false or inexact information indicated and any harm, of any sort, to StubHub. or to third parties caused by this false or inexact information.
Once registered, the user that is interested in offering a ticket will publish it on the Website completing in a detailed, authentic and accurate way the fields included in the for whereby it is mandatory to give at least the following information amongst others: the name of the event for which the tickets are being offered, the date of the event, the ticket type being offered, possible restrictions of the offered ticket and the desired price for the exchange.
The seller is also obligated to indicate a credit/debit card number of which the expiration date must be after the date of the event for which the tickets are being offered, and the desired payment method, so that StubHub. can transfer, in the case of a purchase of the tickets offered, the amount due from the transaction. The available forms of payment are those stated in the selling form on the Website.
The publications made by the user on the Website gives StubHub. and, in certain cases, associated and/or participating companies, the non-exclusive right to publish and exhibit the entered data on further websites that belong to the holders. With its publication, the user is obligated to accept and complete the transactions specified within the Terms and Conditions of StubHub.
The publication of an offer on the website www.stubhub.com.au also implies the formalization of the work order agreement and the beginning of the mediation service provided to the seller by StubHub. Upon the acceptance the offer by the buyer, this Service earns fees, and in the case of non-compliance of the contract terms StubHub. shall receive compensation.
This service will yield commissions, and if necessary, economic penalisation for non-compliance in favour of StubHub., once the buyer has accepted the offer. Additionally, StubHub has the right to claim loss and damages when appropriate.
On general terms, the validity of the offered titles/tickets will be determined by the date of the event of which the titles/tickets are concerning. Any Offer that is not subject to the "Last Minute" system of titles/tickets published by the Sellers can be valid up until 3 working days prior to the expected date of the event to which the title/ticket is offering access to.
However, in certain cases, the term of validity of offers may vary in accordance with certain circumstances or situations that are outside of the control of StubHub. In such a case, StubHub. will inform the Users of any modification of the term of validity of the offers as soon as it has effective proof of those circumstances.
The publication of the offer is free of charge for the seller. The percentage fee will only be charged by StubHub. in the case of the effective transfer of the title/ticket offered, excluding the economic penalisation for non-compliance of the Seller that is determined in section 2.10.
If the titles/tickets are subject to duties or taxes, it is the responsibility of the Sellers to determine their kind and amount so as to include them in the final cession price. These duties or taxes are independent from the Value Added Tax (VAT) that is levied upon the Services of mediation rendered by StubHub. to the Users.
In consequence, the price will be set freely by the seller who must bear in mind the stipulations of paragraph 2.6 regarding taxes associated with the transaction, and, the fee of the Service offered by StubHub. in accordance with paragraph 2.8. The seller may, at any time until the acceptance of their offer by a buyer, modify the desired price offered for the transaction.
The use of the Website by a seller to make offers accrues the cost of the service of mediation in favour of StubHub. for all transactions effectively carried out through the Website. This cost of the Services rendered by StubHub. will be determined in the following fashion:
Once StubHub. has sent the first email to the seller informing them that, depending on the case, the sale is pending or confirmed, the offer can't be withdrawn or modified, and the seller must save the tickets at the disposal of the buyer. Once a transaction on an offer is accepted by the buyer StubHub. will send an email confirming the sale and the seller must carry out the transaction in a manner that the buyer may make effective use of the acquired titles/tickets.
All sales are final. StubHub. will not be held responsible for the conditions of the events taking place, any possible change of venue, scheduling, line-up, or any cancellation of the event that might occur. If the situations detailed in the previous paragraph were to take place, cancellation of payments due from the completion of transactions will only be done by discretion of StubHub.
StubHub. will apply economic penalties in the form of administrative fees to Sellers of transactions which are not successfully completed due to error or non-compliance by the seller of the tickets. These charges reflect the costs incurred by StubHub. for the resolution of requests which have not been duly completed. StubHub. also reserves the right to close the account of any Seller if the Seller repeatedly commits error or non-compliance. Said penalties will be imposed on the Seller under the following circumstances:
The penalties applied by StubHub. to the Sellers will always have the form of financial charges. These will be done through the means provided by the Seller as guarantee of the sale or on the total amount of sales pending payment to the seller. Whichever their form, administrative charges will be applied automatically by StubHub., if and when the seller falls within the non-compliance stipulated as follows:
TTickets sold must be shipped within 72 hours after the Available Date that you selected when you published the tickets. In case the tickets are sent after this period, the seller will be automatically penalized for each package that is delivered late. The economic penalisation for tardy delivery may be consulted at the following link: Penalties.
This charge corresponds to the cost to StubHub. for the investigation of the state of the shipment of an order and attending the enquiries of the buyers. The seller will receive the value of the order, minus the fee of the sale and the amount of the penalisation for tardy delivery, which is previously indicated.
This penalty fee will not apply in the following cases:
When the tickets sent are not exactly those which have been described in the listing, but the buyer accepts the tickets that have been sent, then an economic penalty for incorrect tickets will be applied to the order, which will correspond with the amount discounted by StubHub. to the buyer so that they buyer might accept the erroneous tickets. This amount discounted by StubHub. for the buyer as compensation will be solely decided by StubHub. and directly relinquished to the buyer.
The seller will therefore receive the value of the sale minus any fee for the sale, and minus the compensation discount awarded to the buyer (when applicable). If the buyer does NOT accept the tickets offered as substitution, the order will be considered as failed and a "failed order" penalty fee will be applied (see section 2.10.3 below).
The tickets will be considered as erroneous in the following cases:
The cases described in the previous points are applied according to the divisions and categories established in the map in Stubhub. In this way, the listings and the tickets must reflect the divisions and categories of the map of the event as made available by StubHub. If there were no map, the ticket types will be those established by the promoter of the event.
StubHub. considers a failed order as the following cases:
When the seller fails to ship the tickets or ships erroneous tickets that the buyer does not accept, and StubHub. has to give a refund to the buyer or replace the order with another seller's tickets, the seller will not receive the total amount of the sale, and must pay StubHub. an economic penalty fee for Failed Order.
The penalty for Failed Order will be the result of the difference between the price at which the tickets were sold and the price of the replacement tickets, which will be from the same category or better. The minimum amount of the penalisation for Failed Order may be consulted at the following link: Penalties.
The seller will be able to ask StubHub. for the return of the ticket that was mistakenly sent, only if the buyer does not accept said ticket. The amount due for the return of the tickets to the Seller will be completely at the Sellers expense. Furthermore, in order to exercise the right to a refund, the Buyer must return the erroneous tickets to StubHub.
The Seller is solely responsible for the pickup of packages for shipment of tickets that they are offering. Taking into account that delivery processes may vary in accordance with the different delivery services available for use, it is the exclusive responsibility of the Seller to:
If there is a problem with delivery and the seller has failed to keep any delivery receipts or the shipment label has been incorrectly scanned, StubHub. will be unable to verify that the package has been picked up and therefore will hold the seller responsible for the failed order and will apply to the seller the penalty fees mentioned in the corresponding section about failed sales.
If the Seller fails upon sending or uploading the correct tickets as described in the offer, StubHub. will charge them with the corresponding penalties in accordance with the failed delivery. If the seller uploads or sends by e-mail an invalid PDF file (or a file of another format) or creates their own file by scanning or photocopying paper tickets, this will cause the cancellation of the sale and the corresponding administrative fees will be charged to the Seller.
Upon indicating in the offer that the tickets are of "immediate delivery", the seller commits to send them in the 72 hours following the date of the Sale. Past these 72 hours, StubHub. may cancel the Sale with no compensation to the seller. If the Sale is not cancelled, upon the discretion of StubHub., the seller will be penalized for the delayed delivery of the tickets (the penalization is described in point 2.10.1 of this document). The decision to apply one penalty or another is exclusive to StubHub. Once the "immediate delivery" term is passed (72 hours after the Sale),StubHub. will decide whether the Sale will be cancelled or maintained, applying the corresponding late delivery fee.
StubHub. will credit the amount due from valid completed transactions by the Seller in the method selected at the moment of making the offer. The liquid amount that StubHub. will credit the seller will be that which was determined at the moment of making the offer in accordance with section 2.7.
The sales for passed events are accounted for on the second and fourth working Monday of each month. The order of payment for these sales will be made two working days after said Monday. The period which it takes for one to receive their payment is dependant upon the chosen payment method.
All sales are final. StubHub., will not be held responsible for the conditions of an event, any modification in the time, venue, line-up, or the suspension of the event that may occur. StubHub., will, when possible, inform said changes to the Buyers. Under no circumstances will payments fulfilled by Buyer be refunded.
Acceptance of the offer initiates the rendering of Services of inter-mediation by StubHub. to the buyer. Through this acceptance, the buyer authorizes StubHub. to debit the total amount of the transaction through the payment method offered to that effect in the purchase process, including the Value Added Tax (VAT) in effect at the moment of the acceptance which is levied upon the Services rendered by StubHub.
Once the purchase has been made, StubHub. will send a pending or confirmation e-mail, depending on the case, to the address facilitated by the buyer, including the information of the transaction in question. This communication will serve as proof of the transaction between the Buyer and the Seller. Buyers, in the case that they are unable to attend the event, may use the Service once again to offer the purchased title/ticket acquired.
The sale price of the tickets will be made up of the following factors:
Shipment costs are those costs generated by the delivery to the Buyer of the tickets acquired through the Website in use of the delivery service indicated.
The Service fee is composed of the fees charged by StubHub. for use of the Website by the Buyer that is determined according to the following paragraph.
The use by the buyer of the Website to make their purchases incurs a cost for the service of intermediation in favour of StubHub. for all transactions effectively completed through the website. This fee of the Services rendered by StubHub. will be determined in the following fashion:
In the case of an e-ticket purchase, the buyer will receive these tickets via e-mail. The right to desist will not be applicable when it comes to computer archives (PDF or other format) with digital content that is not provided in material format.
In general terms, StubHub. offers the Users of the Service a guarantee of privacy and security in their transactions, confidentiality of their information facilitated and encryption of it through Secure Socket Layer (SSL) of 2048 bits. All processes of transaction payments made to the Users will be processed through the terminals of the financial entities with full guarantee of security and confidentiality. Likewise, digital certification guarantees provided by Verysing will be used for of Services rendered.
The service covered by these Terms, follow the Spanish provisions in terms of Consumer and User Protection and other applicable laws relative to distance contracting. In the cases where the Spanish legislation or corresponding Community Regulations are applicable, the user will be informed of the possibility of desisting the transaction without incurring penalization and without obligation to justify a cause, within fourteen (14) consecutive days from the date of confirmation of the offered service. Desisting can be done via email within the time frame mentioned above, to the email address indicated in paragraph seven (7) in these Terms and Conditions by indicating in the heading "desisting" and also in the body of the text, the complete information that identifies the user, as well as the information of the transaction the user is desisting from.
In the case of desisting the service, one will be desisting from the purchase covered by this service and StubHub. will refund the user of all payments received of this purchase, without undue delay and in all cases, within the fourteen (14) consecutive days since communicating the intention of desisting. In this case, the tickets will be returned to StubHub. in the same condition as they were sold and to the same address that appears in these Terms and Conditions without undue delay and always within the fourteen (14) consecutive days since communicating the intention of desisting. StubHub will keep the refund until having received the tickets or until the user shows proof of return depending on which condition is first met.
The user is informed that in case of desisting they will be obligated to finance the direct cost of the return. The right of desisting will not be applicable according to current legislation in the following cases:
StubHub. may carry out promotions or discounts on their service fee of which the conditions and range of scope will be duly announced on the Website and which will be regulated at all times by that which is deliberately established.
In general terms, and for better and safer form of notification, all communications related to the services rendered between StubHub. and the Users (Buyers or Sellers), will be carried out in writing and through e-mail, which will serve as proof to the Users of the Services and administration rendered by StubHub. as well as through online chat which is a system of pop-up messages to provide a better service for the users.
However, in exceptional situations, and for better agility in communications or notification that will have to be transmitted, StubHub. may proceed to contact the User previously through the telephone number facilitated by the User in the registration form, confirming said communication or notification that is being addressed in the e-mail. In any case, publication of offers by Sellers and acceptance by Buyers will always be confirmed by StubHub. through the valid e-mail facilitated by the User of the Service.
All communications and notifications made by the Users to StubHub. will be considered effective, for all intents and purposes, when directed at StubHub. through e-mail to the following address: email@example.com All notifications made by StubHub. to the User will be deemed effective for all intents and purposes when they are made in one of the following methods:
In order to facilitate the transactions, StubHub., as part of the Service, will make a service of delivery and reception of tickets available to the Users. This service will be published on the website and specifically determined by StubHub. at the moment of confirmation of transactions by the users. This service will be offered by StubHub. through a third party delivery and transportation service provider.
To this effect, the user will abstain from using any of the Services with ends that would be detrimental to the rights and interests of third parties, or that could in any way harm, render useless, overburden, deteriorate, or impede the normal use of the Services, computer equipment, or the documents, files, or information stored in any computer equipment (hacking) of StubHub., of any other user or of any third Internet user regarding both hardware and software.
The User must abstain from obtaining, or attempting to obtain, the Contents using methods or procedures which differ from those that, according to the case, have been made available or been indicated to this effect in the web pages where the Contents are found, or, in general, from those which are commonly used in the Internet to this effect so long as they do not incur a risk of damage or render the website, the services, and/or the Contents useless.
The Users, and in general, all persons wishing to establish a hiperlink between their website and the StubHub website (hereinafter, the "Hiperlink") must comply with the following conditions:
All trademarks, trade names or distinctive signs of any kind which appear on the Website are the property of StubHub., or of third parties, so it may never be interpreted that the use of, or access to the Website and/or the Services, attribute to the User any right over the said trademarks, trade names, and/or distinctive signs.
Availability, continuity and fallibility.
StubHub., does not guarantee the availability, continuity and functioning of the website and its Services. When it be reasonably possible, StubHub., will previously warn the Users of any interruption in the functioning of the website and its Services. StubHub., will not guarantee its infallibility and in particular, but not exclusively, that Users may effectively use the website and its Services, gain access to the different web pages that form the website or those from which Services are rendered.
StubHub., excludes with every extension permissible by Law, any responsibility for damages of any nature that may result from the lack of availability or continuity in the functioning of the website and its Services, or the deceit of usefulness that Users may attribute to the website and its Services, the fallibility of the website and its Services and, in particular, but not exclusively, failure in the access to the different web pages that form part of the website or those from which Services are rendered.
StubHub., does not control nor guarantee the absence of viruses or any other elements in the Contents that may alter the Computer (software and hardware), or in the electronic documents or files stored in the System.
StubHub., excludes any responsibility for damages of any nature that may be due to the presence of a virus or to the presence of other elements in the Contents that may alter the computer system, electronic documents or files of the User.
Veracity, accuracy, thoroughness and currentness.
StubHub., does not guarantee the veracity, accuracy, thoroughness and currentness of Content. StubHub., excludes any responsibility for damages of any nature that may be due to a lack of veracity, accuracy, exhaustability or currency of Content
StubHub., does not have the obligation to verify and does not verify the identity of Users, nor the veracity, accuracy, thoroughness and/or authenticity of the data furbished by Users about themselves to other Users.
StubHub., excludes any responsibility for damages of any nature that may result from the use of its Services and Contents by Users or may be due to a lack of veracity, accuracy, thoroughness and/or authenticity of the data furbished by Users about themselves to other Users and in particular, but not exclusively, for damages of any nature that may be due to the impersonation of a third party by a User in any sort of communication done through the website.
In order to make use of some of the Services, Users must previously provide StubHub. with certain personal information (hereinafter, "Personal Information"). StubHub. will treat Personal Information in an automated nature, with the finality and under the conditions defined in its Policy of Protection of Personal Information published in the following URL: https://www.stubhub.com.au/information/privacidad.
StubHub. has adopted the levels of security and protection of information required by Law and endeavours to install other additional means and technical measures of protection. However, the user must be aware that the security measures on the Internet are not impregnable.
StubHub. may use their cookies or third-party cookies when a User navigates through the pages within the website. The cookies that may be used in the pages of the Website are only associated with the navigator of a particular computer (an anonymous User) and do not in themselves furbish the name and surname of the User. Thanks to cookies, it is possible for StubHub. to recognize the navigation system of the registered Users after they have registered the first time, making it unnecessary to register for each visit to access the areas and Services available exclusively to them. The cookies used cannot read cookie files created by other providers. Users may configure their navigator in order to be informed on screen of the reception of cookies and to impede the installation of cookies in their hard drive. Please consult the instructions and manuals of your navigator to expand this information.
Rendering of Services of the Website as well as the other Services provided, has, in principle, an indefinite term. StubHub., however, is authorized to terminate or suspend the website Services and/or any other Services, at any moment. When reasonably possible, StubHub. will previously warn the termination or suspension, as soon as possible, of the rendering of Services of the Website and of the other Services provided.