Mixcloud Live Ticketed Events

Mixcloud Live Ticketed Events

These terms & conditions (“Live Ticketed Events Terms and Conditions”) govern the purchase of tickets (“Ticket(s)”) to obtain access to live streams of audio-visual or audio content (“Live Ticketed Event(s)”) on the Mixcloud Platform. This content is broadcast live, and the Ticket purchaser will have no ability to pause, rewind or fast-forward relevant content, nor store or access it for later viewing. Please read these terms carefully before purchasing a Ticket for a Live Ticketed Event with us. These terms tell you who we are, how we will provide a live streamed service to you, how you and we may change the contract for service of a Live Ticketed Event, what to do if there is a problem and other important information. Your usage of the Mixcloud Live Ticketed Events service (“the Service”) is also subject to the Terms of Use (which encompasses, for the avoidance of doubt, the Privacy Policy, the DMCA Policy and the Cookies Policy). Any capitalised terms contained within these terms shall have the meaning ascribed to them in the Terms of Use unless otherwise defined hereunder. The provision of access to Live Ticketed Events shall fall within the definition of the Services which Mixcloud provides as described in the Terms of Use. We may change these Live Ticketed Events Terms and Conditions from time to time so please check our Website for updates to ensure you are happy with any changes before making any purchases. Your continued use of the Service will constitute acceptance of these changes. If you have any questions about these Terms, please contact us at support@mixcloud.com.

1. About us

1.1.

We are Mixcloud Limited (“Mixcloud”), a company registered in England and Wales with registered offices in 447-453 Hackney Road, London, E2 9DY, UK. Our registered VAT number is 06710137.

2. Our contract with you

2.1.

To purchase a Ticket for a Live Ticketed Event you must be aged 18 or over.

2.2.

When you purchase a Ticket at the price displayed for any Live Ticketed Event on the Mixcloud website (“the Website”) you will be given access to the Live Ticketed Event when you login to your Mixcloud account.

2.3.

Live Ticketed Events are purchased on a 'pay per view' basis via the Website. Access to a Live Ticketed Event begins at the advertised start time on the Website (or any other time that we may notify you of in accordance with these Live Ticketed Events Terms and Conditions).

2.4.

By hitting the ‘Buy a Ticket’ button on the Website, you are making a contractual offer to purchase the Ticket(s) at the price displayed. This offer is only accepted by Mixcloud once you see the purchase confirmation on the website A confirmation email will be sent containing any additional details about the Live Ticketed Event. It is your responsibility to check these details carefully before the Live Ticketed Event. The ticket is stored in your account on the Website.

3. Functionality

3.1.

Once you have purchased a Ticket you will only be able to access the relevant Live Ticketed Event at the scheduled date and time. You will not be able to pause, rewind or replay the Live Ticketed Event. If you do not access the Live Ticketed Event you will not be entitled to a refund.

3.2.

You will be charged for a Live Ticketed Event at the point you purchase it via the Website. When you confirm your transaction and, unless we agree otherwise, you acknowledge that once the Live Ticketed Event begins you cannot cancel your order after this point.

3.3.

Each Ticket purchased authorises only one Mixcloud account to access the applicable Live Ticketed Event.

3.4.

You must have a Mixcloud account in order to access the Service.

3.5.

The Service will only be accessible on certain compatible devices. To view a Live Ticketed Event on a device, it must be connected to broadband with a minimum broadband connection of at least [800 kbps]. The ability to stream a Live Ticketed Event may be impacted by the speed of your internet connection and may be unavailable with internet connections below certain speeds. It is your responsibility to check the compatibility of your device and your broadband connection before purchasing a Ticket. Refunds will not be offered because of compatibility issues.

3.6.

Content streamed to your device will count towards any broadband usage limits that apply to your broadband service. You are responsible for any charges associated with exceeding those limits.

4. Payment

4.1.

After you have selected a Ticket and inputted your payment information, we will send you a confirmation email confirming the details of your order. The confirmation email forms a binding contract between Mixcloud and you in relation to the provision of the Service, as governed by the terms of these Live Ticketed Events Terms and Conditions.

4.2.

You may elect to make payment via a current, valid, accepted payment method that is presented to you during the purchase process (the “Elected Payment Method”). You hereby warrant and represent that you have the requisite authority to designate the Elected Payment Method.

4.3.

During the purchase process, you'll need to provide Mixcloud with the information needed to collect payments. You authorise Mixcloud to collect payments on our behalf and when Mixcloud is not able to process a payment, you will not be able to purchase or view a Live Ticketed Event to which the failed payment relates.

4.4.

All our prices are set out within the Service and may change from time to time. Our prices include VAT (where applicable) and any applicable sales tax. You pay the quoted price whatever the applicable rate of VAT. We're not obliged to honour prices that are the result of obvious errors and which you could reasonably be expected to know are mis-pricing. If we reimburse you for any reason we will reimburse the payment card you used in relation to your purchase. Your legal rights aren't affected.

5. Changes and rights of refund

Refunds will be offered in the following circumstances only:

5.1.1.

Event Cancellation: If a Live Ticketed Event for which you have purchased a Ticket is cancelled in full (and not rescheduled), you will be refunded the sale price of your Ticket.

5.1.2.

Rescheduling: If a Live Ticketed Event for which you have purchased a Ticket is rescheduled, for whatever reason, your purchased ticket will be valid for the new date and time. You will be given up to the start of the Live Ticketed Event to inform us that you are unable to attend the new date and time, and then you will be refunded the sale price of your Ticket. Failure to notify us of your inability to attend before the start time of the Live Ticketed Event will be deemed confirmation of your purchase, and you will not be able to claim a refund.

5.1.3.

Server Failure: In the event that the Live Ticketed Event is inaccessible to you through Mixcloud’s or its affiliated servers’ fault, and Mixcloud has not rescheduled the Live Ticketed Event pursuant to Clause 5.1.2 above, you are entitled to a refund of the sale price of your Ticket provided that you request a refund in accordance with Clause 5.4 below. You acknowledge that you are responsible for ensuring you have a compatible device and internet connection which will allow you to access any Live Ticketed Event.

5.2.

Nothing in these Live Ticketed Events Terms and Conditions affects your statutory rights as a consumer.

5.3.

When refunds are made, these will be made via the Elected Payment Method.

5.4.

For refund requests, please contact support@mixcloud.com.

6. Restrictions

6.1.

You may not transfer the Ticket into another name or to another person.

6.2.

You may not in any way give or allow access to a Live Ticketed Event to anyone but the Ticket holder. Only the Ticket holder may access the Live Ticketed Event on their designated device. Sharing Ticket or Mixcloud account details or any link to the Live Ticketed Event itself is prohibited and will constitute a breach of the Live Ticketed Events Terms and Conditions.

6.3.

You must not do (or allow to be done) any of the following in respect of any Live Ticketed Event: (i) copy, redistribute or relay any of the Live Ticketed Events; (ii) sell or make any charge for watching any Live Ticketed Event (iii) show any Event in public to an audience, even if no charge is made.

7. Fraud and misuse

7.1.

We reserve the right to remove or revoke tickets if we suspect the purchase was fraudulent or made using a stolen card. We will provide a refund of the sale price to the payment card account holder via the Elected Payment Method.

7.2.

If tickets are removed or revoked according to 7.1, we are under no obligation to inform you of this nor of the details of the transaction. This is to protect our investigation of attempted fraud. If you believe there has been a mistake, please contact us at support@mixcloud.com.

7.3.

You're responsible for the security and proper use of your Mixcloud account log-in details and password and the access to and activities (including purchases) on your account. We will not be liable for any loss caused as a result of you failing to take proper care of your log-in details and password. If you know or suspect that your username or password has been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately, and you must also ensure that any such username and password is changed as soon as possible. If we believe that there's been, or is likely to be, a breach of security we may suspend usernames or passwords and require that they're changed and restrict your rights to use all of or any part of the Service.

7.4.

You must not access or use the Service for any improper or unlawful purpose and you will not allow anyone else to do the same.

8. Your personal information

8.1.

To provide you with access to Live Ticketed Events, we must collect, process and store certain data including, at times, your personal data, which we will do in accordance with these Terms as well as our Terms of Use and our Privacy Policy.

9. Termination

9.1.

We reserve the right to terminate your access to the Live Ticketed Event if you have breached any of the Live Ticketed Events Terms and Conditions. Please note that we will not offer a refund if your access to a Live Ticketed Event is terminated for breach of these Live Ticketed Events Terms and Conditions and/or the Terms of Use.

10. Liability

10.1.

Mixcloud takes no responsibility for Tickets purchased through third parties or unofficial sellers. Only Tickets purchased through Mixcloud will be valid for our Live Ticketed Events.

11. Queries, complaints, dispute resolution

11.1.

Please keep your account details up to date so queries can be handled efficiently and the correct contact details can be used for communication.

11.2.

None of these terms of this affect your right to make a complaint to Trading Standards or a relevant regulatory authority.

11.3.

The Live Ticketed Events Terms and Conditions shall be governed by and construed in all respects in accordance with English law and both you and we agree to submit to the non-exclusive jurisdiction of the English courts in relation to any dispute arising out of or in connection with the Live Ticketed Events Terms and Conditions.

12. General

12.1.

Any delay or failure to enforce the terms of the Live Ticketed Events Terms and Conditions does not waive Mixcloud’s right to enforcement of such terms.

12.2.

Should any provision of the Live Ticketed Events Terms and Conditions be deemed unenforceable pursuant to the law of any applicable jurisdiction, the legality, validity or enforceability of its other terms shall not be affected.