Bido Lito!

BIDO LITO TICKETS LTD
TERMS OF WEBSITE USE

This page (together with the documents referred to on it) tells you the “Terms of Use” on which you may make use of the following website (“our site”) whether as a guest or a registered user:
www.bidolito.co.uk

Please read these Terms of Use carefully before you start to use the site. By using our site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you subscribe to become a Bido Lito! account holder you will be required to read these Terms of Use and click ‘accept’ to indicate you have read and understood these Terms of Use. If you do not agree to these Terms of Use, please refrain from using our site.

BY CLICKING ON THE "ACCEPT" BUTTON BELOW, YOU AGREE TO THE TERMS OF THIS AGREEMENT WHICH WILL BIND YOU, INCLUDING THE PROMOTER TERMS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST DISCONTINUE THE SUBSCRIPTION PROCESS NOW. YOU WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER THIS CONTRACT ON BEHALF OF YOUR COMPANY (OR OTHER PERSON INCLUDING A NATURAL PERSON, CORPORATE OR UNINCORPORATED BODY (WHETHER OR NOT HAVING SEPARATE LEGAL PERSONALITY).

Information about us

Our sites are operated by Bido Lito Tickets Ltd
Company Number: 07757868
Trading and Registered Office (and for contact):
Bido Lito!
Static Gallery,
23 Roscoe Lane
Liverpool
L1 9JD

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use.

When using our site, you must comply with the provisions of our Acceptable Use Policy below.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

Materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Terms and Conditions relating to subscriptions to Bido Lito!

We offer a free subscription to our site to allow you access to features such as the ability to upload to galleries in ‘Bido Lito Lens’, comment on articles and features, contribute in the form of blogs, comment on blogs and make purchases from the online shop. You may apply for an account via the site. We may, in our absolute discretion, decide to assign your account certain user privileges, including the right to upload photos, upload gigs to the gig guide or write blogs. We will confirm these to you via email. We reserve the right to remove any or all of these privileges from time to time.

Once we have accepted your application to become an account holder with Bido Lito!, we will provide you with an email sent to the email address provided in the subscription form. The account will require the password provided on signing up to access the account. You must treat such information as confidential, and you must not disclose it to any third party.

You are entitled to use and access Bido Lito! account holders areas in accordance with these terms and conditions from the time you receive an activation link until your subscription is terminated.

Should you wish to receive our services in relation to the marketing, advertising and selling tickets for your gigs via our site, please see the terms below (the “Promoter Terms”) to which you are subject to and which govern our relationship in relation to these services.

Registration of Account

On registration, you must provide us with accurate and complete registration information and it is your responsibility to inform us of any changes to that information (including in particular your e-mail address) by using the Update your Details page in the Account Holders pages. Our contact details will be available on the applicable Site. You warrant that all information you provide is accurate and correct. Failure to provide accurate and complete registration information, we may not be able to provide services and products to a satisfactory standard.

Access is granted on the basis of it being a ‘single user’ licence. This means the licence is solely intended for use by individual who submitted their email address and personal details in the registration form. Please do not pass these details on to anyone else.

You are responsible for the payment of all charges associated with the use of the site using your user name and password.

You are responsible for the safekeeping of your access details. If you believe access has been made without your permission due to theft, unauthorised disclosure, or unauthorised use you must immediately contact us.

If, in our opinion, you have failed to comply with any of the provisions in these terms and conditions, we have the right to disable any username or password, be it allocated by you or ourselves.

Problems with subscription

If for any reason you encounter any problems with the submitting or activating of your subscription please contact us.

We aim to reply to all inquiries within 24 hours of receipt of your query.

Uploading material to our site

Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.

We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our Acceptable Use Policy below.

Viruses, hacking and other offences

You must not misuse our site in any malicious way which contravenes our acceptable use policy.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy below.

If you wish to make any use of material on our site other than that set out above, please address your request to our contact page.

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You should make sure you’re happy with the terms and conditions and privacy policy of any 3rd party’s site.

Jurisdiction and applicable law

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms of Use are governed by English law.

Variations

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our site.

 

BIDO LITO! TICKETS LTD
TERMS OF SALE

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any tickets (“Tickets”) for events (“Events”) listed on the gig guide (the “Gig Guide”) featured on the website www.bidolito.co.uk (the “site”) to you. Please read these terms and conditions carefully before ordering any Tickets from our site. You should understand that by ordering any of our Tickets, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference. Please click on the button marked "I Accept” at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Tickets.

Information about us

We operate the gig guide that appears on the site www.bidolito.co.uk. We are Bido Lito Tickets Limited (“Bido Lito!”), a company registered in England and Wales under company number 07757868 and with our registered office at Static Gallery, 23 Roscoe Lane, Liverpool, Merseyside, England, L1 9JD.

We sell Tickets on behalf of promoters, performers, venues and other organisations and individuals who are involved in the business of arranging and organising Events (“Promoters”).

The Contract

By placing an order through our site, you warrant that:

- you are legally capable of entering into binding contracts; and

- you are at least 18 years old.

Bido Lito! offers secure on-line transactions. You can select Tickets from our site and add them to your shopping basket. You can monitor the total number of Tickets in your shopping basket and your spending by checking the details displayed on your screen at any time.

When you have finished putting items in your basket you should proceed to the order page where you are able to review your selection and delete items if desired. You should then proceed to the checkout area where you will be asked for details such as your billing address, delivery address, payment details and contact details.

We offer on behalf of Promoters, where a Promoter has indicated that such delivery is available for a particular Event, two different methods of delivery for Tickets:

- electronic ticket delivery (via an e-ticket to the email provided by you during the order process); or

- first class registered delivery.

Please indicate which method of delivery you wish to have applied during the check-out process. We shall display and confirm associated delivery costs for your confirmation prior to any payment being taken.

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Ticket. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Ticket has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.

Please contact us at gigguide@bidolito.co.uk if you have any queries in relation to an order you place, quoting the reference number set out in the relevant Dispatch Confirmation.

The Ticket is, and remains, the sole property of the Promoter and is a revocable and personal licence which may be withdrawn with all rights being revoked at any time upon the refund of the total purchase price to you.

Any Ticket shall also be subject to terms and conditions set out by the Promoter. Please contact the Promoter of the relevant Event to view these as failure to observe them may result in you not being permitted into a venue, or being ejected from an Event.

We do not replace lost, stole or damaged Tickets; please take care of Tickets and keep them in a safe place.

The Contract will relate only to those Tickets’ dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Tickets which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

Prices, Payment and Description of Tickets

As set out above, we sell and advertise tickets for and on behalf of Promoters. During the checkout process we shall clearly display to you any handling charge (retained by us for our services), the face value of the Ticket, and any relevant delivery charge.

The price of the Tickets and our delivery charges will be as quoted on our site from time to time, except in cases of obvious error. Where an error is made in the price displayed, we shall notify you as soon as reasonably possible with the actual price. Where you have already paid for a Ticket, you shall be given the option to purchase the Ticket at the correct price. Where we are unable to contact you, or where you decline to purchase Tickets at the correct price, we reserve the right to cancel the Contract and provide you with a full refund.

Ticket prices include VAT where VAT is charged.

Payment for all Tickets must be by credit or debit card. We accept payment with Mastercard, Visa, Maestro, Solo, and American Express.

Contract Cancellation

Due to the nature of Bido Lito! selling Tickets on behalf of Promoters, which are personal revocable, licenses to a leisure event of a fixed date, no cooling off period applies to any transaction you enter into with us. Any request for cancellation sent to gigguide@bidolito.co.uk will be granted only in our sole discretion. Please see ‘our refunds policy’ which sets out what rights you may have.

As above, the Ticket is, and remains, the sole property of the Promoter and is a revocable and personal licence which may be withdrawn with all rights being revoked at any time upon the refund of the total purchase price to you This provision does not affect your other statutory rights as a consumer.

Our refunds policy

Events may be varied by a Promoter for reasons and circumstances outside of its reasonable control. Where a Promoter varies a programme in such circumstances, you will not be entitled to a refund. A refund will only be given if deemed appropriate in our sole discretion.

Where an Event is cancelled or postponed by a Promoter, we will use reasonable endeavours to notify you upon notification from the Promoter. Please note, you are responsible for ultimately ascertaining if an Event has been cancelled and postponed and we do not accept any liability for not notifying you prior to the original date of the Event. In the event that an Event is cancelled or postponed you shall be offered:

- a Ticket for the rescheduled Event (subject to availability as directed by the Promoter); or

- if you are unable to attend the rescheduled Event, or if no rescheduled Event is scheduled, or if there is no availability, a full refund of the face value of the Ticket, and any handling fee will be made available, subject to you complying with the terms set out below.

To claim a refund for reasons due to cancellation or rescheduling, you must return your tickets (where you have received physical tickets) or contact us via email at gigguide@bidolito.co.uk (where you have received e-tickets), within 14 days of the Event being cancelled. You must provide us with all information requested for us to ascertain whether you are qualifying for a refund, and for us to process the refund efficiently.

We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

Where we become aware of unauthorised resale, or attempted unauthorised resale, of any Ticket we may cancel your Ticket without any compensation, including a refund.

Availability, Delivery and Warranty

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation. The Tickets will be at your risk from the time of delivery.

Our liability

If we or the Promoter fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Tickets and any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

We or the Promoter will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:

- loss of income or revenue;

- loss of business;

- loss of profits;

- loss of anticipated savings;

- loss of data; or

- waste of management or office time.

However, this section will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded by those categories, above, inclusive of the content of this ‘Our liability’ section. Nothing in this agreement excludes or limits the Promoter or our liability for:

- death or personal injury caused by our negligence;

- fraud or fraudulent misrepresentation;

- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;

- defective products under the Consumer Protection Act 1987; or

- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

Events

Always contact the venue the Event is held to confirm specific terms which may apply. Please note we are not responsible for any terms imposed by the Event venue, or otherwise including the prohibition of recording apparatus, food, or drink. Where you have purchased a seated Ticket for an Event, the Promoter reserves the right to provide alternative seats of corresponding value at the venue. Events will often be recorded on film, photos and audio. You hereby consent to being recorded.

Import duty

If you order Tickets from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given to Bido Lito Tickets Ltd at gigguide@bidolito.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or the e-mail or postal address provided when you opened an account with Bido Lito! or in any of the ways specified under ‘Written communications’. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. The Promoter may enforce these terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999. No other person shall have any rights under these terms.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the section headed ‘Notices’ above.

Severability

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire agreement

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.

Our right to vary these terms and conditions

We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Tickets).

Law and jurisdiction

Contracts for the purchase of Tickets through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

BIDO LITO TICKETS LTD
PROMOTER TERMS

1. Interpretation

1.1 In these Terms the following definitions apply:

Bido Lito!, we, our, or us : means Bido Lito Tickets Limited a company registered in England with company number 07757868 and whose registered address is Static Gallery, 23 Roscoe Lane, Liverpool, Merseyside, England, L1 9JD.

Bido Lito! Services : means the services of advertising, marketing, and payment collection and invoicing in your name and on your behalf.

Bido Lito! Wizard: means the question forms to be completed by you as part of your initial subscription and ongoing use of the Bido Lito! Services, following your acceptance of these Terms, and used from time to time to amend your details and list Gigs. 

Business Day: a day (other than a Saturday, Sunday or a public holiday) when banks in London are open for business.

Confidential Information : has the meaning given to it in clause 11.

Customer: means a person who makes an order for Tickets via the Site.

Gigs: means any event that you tell us about using the Bido Lito! Wizard.

Booking Fee: is the agreed Booking Fee (as set out in the Booking Fee Information) dictated by the value of any Ticket purchased by a Customer for a Gig uploaded by You.

Booking Fee Information: can be viewed at here and sets out the various levels of Booking Fee that applies to the sale of each Ticket via the Site.

Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Party : means a party to this agreement (and Parties shall be construed accordingly).

Site: means the website <bidolito.co.uk>.

Subscription: means your right to access the Bido Lito! Services.

Terms : means these terms and conditions.

Ticket : means a ticket purchased by a Customer for a Gig via the Site.

you, your and yours:  means you, the promoter who wishes to receive the Bido Lito! Services.

1.2 In these Terms, the following rules apply:

(a) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;

(b) any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and

(c) a reference to writing or written includes faxes and e-mails.

2. Subscription

2.1 Our Site is designed to provide Customers with clear information of Gigs.  Customer’s will be able purchase Tickets via the Site for these Gigs.

2.2 As you are in the business of promoting Gigs, you wish to receive the Bido Lito! Services.

2.3 Following acceptance of your subscription to the Site, you may submit your first Gig details to us.  Following our admin team moderating this, we may grant to you a Subscription until it is terminated in accordance with clause 12.

2.4 Please note we may, in our sole discretion, not grant you Subscription.

2.5 You warrant and represent that any answers you give in the Bido Lito! Wizard are true and correct to the best of your knowledge.  If we become aware of any inconsistencies in the answers given by you, we reserve the right to terminate the Subscription.

2.6 You shall:

(a) provide such information to Bido Lito! as we may reasonably request and that we consider reasonably necessary for the purpose of providing the Bido Lito! Services (including detailed Gig information such as venue, price (in GBP), date and time, number of available tickets); and

(b) immediately inform us if there is any change to the Gig details you have uploaded. 

2.7 Where you indicate that you wish to list a Gig via the Bido Lito! Wizard, we shall include the listing on the Site as soon as reasonably possible following receipt of all information we require.

2.8 Where we have reason to believe a listing has been requested fraudulently or mischievously, we reserve the right to refuse or remove that listing.

3. Customer Purchases

3.1 When a Customer makes a Purchase for a Gig that you have requested to list via the Bido Lito! Wizard, we shall invoice the Customer and collect money in your name and on your behalf (please see clause 8 - VAT).

3.2 Upon agreement of an order for Tickets, a contract shall be formed between the Customer and you.  We are not a party to this contract and we accept no liability for this relationship.

3.3 We shall, on receipt of cleared funds from a Customer, deliver the Tickets via electronic ticket delivery (via an e-ticket);

3.4 We shall use reasonable skill and care in providing information relating to your Gigs and shall use reasonable endeavours to ensure that the information displayed to the Customer complies in all material respects to the information provided by you in the Bido Lito! Wizard.  You hereby undertake to notify us immediately if you notice and discrepancies in the details that we display and we shall endeavour to promptly amend them.  Please note this is your sole remedy in relation to a mistake in the information displayed.

3.5 Where a Customer purchases a ticket for a Gig that is rescheduled or cancelled for reasons outside of your control, the Customer may either:

(a) request a full refund of the Ticket price including any Booking Fee; or

(b) use the issued Ticket for the rescheduled Gig, subject to availability.

3.6 We have no responsibility for lost, stolen or damaged tickets.

4. Your Obligations

4.1 You warrant, represent and undertake that you shall, and shall procure that all relevant third parties within your power or control shall:

(a) provide to us in a timely manner any information which we reasonably request in relation to this agreement;

(b) ensure all employees, staff or third parties working within your business are informed of and comply with these terms;

(c) ensure your username and password used to access the Bido Lito! Services are not divulged to any third party; or

(d) ensure any Customer data is kept confidential.

4.2 You shall not, and shall ensure that any third party in your control does not:

(a) misuse the Site or Bido Lito! Services by introducing any virus or harmful material;

(b) use, publish, reproduce, distribute or sell the Customer’s information for any purpose other than carrying out your obligations under this agreement;

(c) attempt to gain unauthorised access to the Site;

(d) copy the Site; or

(e) create or offer a competing product or service in relation to the Bido Lito! Services.

4.3 In providing the Gigs, you shall:

(a) co-operate with the Customer in all matters relating to the Gigs, and respond promptly to any enquiry in relation to a Gig;

(b) promote, host, and/or organise the Gigs with the best care, skill and diligence in accordance with best industry practice;

(c) use personnel who are suitably skilled and experienced to perform tasks assigned to them;

(d) obtain and at all times maintain all necessary licences and consents, and comply with all applicable laws and regulations.

5. Charges and payment

5.1 We shall pay to you all money received in relation to a sale of Tickets for your Gigs (excluding any refunded Ticket), excluding the Booking Fee, and postage fees, where these fees are applicable. 

5.2 All payments will be made to the account indicated to by you in the Bido Lito! Wizard as soon as reasonably possible following the date on which the Gig is held and receipt of your invoice (please see the Payment information page for details on how to invoice us) and after receipt of full and cleared funds from Customers and from our third party payment providers. 

6. Booking Fee Review

6.1 We reserve the right to review and increase the Booking Fees, at our absolute discretion.

6.2 If we decide to exercise our right under clause 6.1, we shall provide you with at least 1 (one) month’s written notice. Upon receipt of this notice, you may:

(a) reply in writing to us within 10 Business Days stating that you do not wish to continue your Subscription on the proposed new Booking Fees.  If you exercise this right, your Subscription shall terminate after the final Gig entered onto the Site by you via the Bido Lito! Wizard has passed; or

(b) not do anything, in which case, if we have not received a written notice stating otherwise within 10 Business Days, your Subscription shall automatically continue and any new Gigs you enter on the Site via the Bido Lito! Wizard will have the new Booking Fees applied.

7. Intellectual Property Rights

7.1 All Intellectual Property Rights in the Bido Lito! Services are and shall remain the property of Bido Lito!.  Any goodwill, title, or interest arising from your Subscription accrues solely for our benefit.  You do not by virtue of this agreement obtain any Intellectual Property Rights in the Bido Lito! Services or the Site. 

7.2 You will execute and deliver to us any documentation that may be necessary to give full effect to clause 7.1.

7.3 In respect of the Gigs, or any part of them including, but not exclusively, advertising text, images or information, you warrant that you have full clear and unencumbered title and permission to use such materials.

7.4 You warrant that any information you upload to the Site, including that which you upload as part of the Bido Lito! Wizard does not and will not infringe the rights of any third party anywhere in the world.

7.5 We may temporarily suspend the availability of the Site or Bido Lito! Services for upgrades and/or maintenance at our discretion. 

8. VAT

8.1 For the purpose of defining what is turnover in respect of the services made by Bido Lito to you regarding Ticket sales on your behalf, Bido Lito! provides a package of services (the Bido Lito! Services) to You comprising of advertising, marketing, and payment collection and invoicing in your name and on your behalf.

8.2 The Booking Fees are payable by Customers purchasing Tickets to Bido Lito! on sale of Tickets. Bido Lito! will retain these Booking Fees in respect of  the Bido Lito! Services provided.

8.3 In all instances Bido Lito! will act as agent in respect of Ticket sales; passing on the face value of Ticket sale proceeds received from Customers for Tickets to You, the promoter.

9. Indemnity

YOUR ATTENTION IS DRAWN TO THE FOLLOWING TWO CLAUSES.

9.1 You hereby indemnify, and shall keep us indemnified in full against all costs, expenses, damages and losses (whether direct or indirect), including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by us as a result of, or in connection with:

(a) any claim made against the Bido Lito! by a third party arising out of, or in connection with, Gigs you receive the Bido Lito! Services in relation to; and

(b) any incorrect details entered into the Bido Lito! Wizard that result in Customers requiring a refund, in accordance with clause 3.5; and

(c) any claim brought against Bido Lito! for actual or alleged infringement of a third party's Intellectual Property Rights arising out of, or in connection with the Gigs or any information you have provided to Bido Lito!; and

(d) any VAT claim brought against Bido Lito! for the sale of the Tickets;

(e) any breach by you of these Terms.

9.2 This clause 9 shall survive termination of these Terms.

10. Limitation of Liability

10.1 This clause sets out the entire financial liability of Bido Lito! (including any liability for the acts or omissions of its employees, agents and subcontractors) to you in respect of:

(a) any breach of this agreement;

(b) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.

10.2 Nothing in this agreement shall limit or exclude the liability of either Party for:

(a) death or personal injury resulting from negligence; or

(b) fraud or fraudulent misrepresentation; or

(c) the indemnities contained in clause 8.

10.3 Subject to clause 10.2, Bido Lito! shall not be liable to you, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any other loss suffered by You in connection with this agreement. 

11. Confidentiality

A Party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature (Confidential Information ) and have been disclosed to, or otherwise obtained by, the Receiving Party from the other Party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party's business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such Confidential Information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party's obligations under the agreement, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 11 shall survive termination of the Terms.

12. Termination

12.1 Without limiting our other rights or remedies, we may, terminate the Terms with immediate effect by giving you written notice.

13. Consequences of Termination

13.1 Upon termination of this agreement, howsoever caused, you shall promptly:

(a) discontinue use of the Bido Lito! Services;

(b) return all equipment, materials and property belonging to us that we have supplied in connection with this agreement; 

(c) return to us all documents and materials (and any copies) containing  Bido Lito!’s Confidential Information; 

(d) erase all Bido Lito!’s Confidential Information from your computer systems (to the extent possible);

(e) destroy any log on details for your use of the Bido Lito! Services;

(f) destroy any information accrued from the use of the Bido Lito! Services; and 

(g) on request, certify in writing to us that you have complied with the requirements of this clause 13.  

14. Data Protection

14.1 You warrant that you are properly registered with the Office of the Information Commissioner to obtain, receive, and hold personal data (as defined by the Data Protection Act 1998) relating to Customers.

14.2 You will use best endeavours to ensure the safekeeping and non disclosure of any information relating to Customers and to Bido Lito!.

15. General

15.1 Neither Party shall be liable to the other as a result of any delay or failure to perform its obligations under these Terms if and to the extent such delay or failure is caused by an event or circumstance which is beyond the reasonable control of that Party which by its nature could not have been foreseen by such a Party or if it could have been foreseen was unavoidable. If such event or circumstances prevent Bido Lito! from providing any of the Bido Lito! Services for more than 4 weeks, you shall have the right to terminate these Terms with immediate effect by giving written notice to Bido Lito!.

15.2 You shall not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms without the prior written consent of Bido Lito!.

15.3 Bido Lito! may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Terms and may subcontract or delegate in any manner any or all of its obligations under these Terms to any third party or agent.

15.4 Notices:

(a) Any notice or other communication required to be given to a Party under or in connection with this these Terms shall be in writing and shall be delivered to the other Party personally or sent by prepaid first-class post, recorded delivery or by commercial courier, to its registered office (if a company) or (in any other case) its principal place of business, or sent by fax to the other Party's main fax number.

(b) Any notice or communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by prepaid first-class post or recorded delivery, at 9.00 am on the second Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed, or if sent by fax, on the next Business Day after transmission.

(c) This clause 15.4 shall not apply to the service of any proceedings or other documents in any legal action. For the purposes of this clause, "writing" shall not include e-mails and for the avoidance of doubt notice given under these Terms shall not be validly served if sent by e-mail.

15.5 A waiver of any right under this agreement is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a Party in exercising any right or remedy under the agreement or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

15.6 Unless specifically provided otherwise, rights arising under the agreement are cumulative and do not exclude rights provided by law.

15.7 If a court or any other competent authority finds that any provision (or part of any provision) of the agreement is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the agreement shall not be affected.

15.8 If any invalid, unenforceable or illegal provision of the agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

15.9 Nothing in this agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the Parties, nor constitute either Party the agent of the other Party for any purpose. Neither Party shall have authority to act as agent for, or to bind, the other Party in any way.

15.10 A person who is not a party to this agreement shall not have any rights under or in connection with it.

15.11 The agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of England and Wales, and the Parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

16. Amendments to these Terms

16.1 Bido Lito! reserves the right to update the Terms at any time by displaying amended Terms on the Site.  You will be deemed to have agreed to the amended Terms when you next use the Site following any amendment.

 

ACCEPTABLE USE POLICY

This Acceptable Use Policy sets out the terms between you and us under which you may access our sites. This Acceptable Use Policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this Acceptable Use Policy, which supplement our terms of website use.
Prohibited Uses

You may use our site only for lawful purposes.  You may not use our site in any way that breaches any applicable local, national or international law or regulation or in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect or is  for the purpose of harming or attempting to harm minors in any way, to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, detailed below, to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) or to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
• Not to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site or any equipment or network or software owned or used by any third party.

Interactive Services

We may from time to time provide interactive services on our site, including, without limitation:

• ‘Comment’ functions;
• Gallery contributions;
• Blogs.

  (interactive services).

Access to the interactive services will be granted to registered users at Bido Lito!’s discretion.

We are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online. Minors who are using any interactive service should be made aware of the potential risks to them.

You acknowledge that we do not pre-screen content, but we have the right, but not the obligation, to remove, edit, refuse or move any contribution.

Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted.
Contributions must not contain any material which is defamatory of any person contain any material which is obscene, offensive, hateful or inflammatory, promote sexually explicit material, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, infringe any copyright, database right or trade mark of any other person, be likely to deceive any person, be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence, promote any illegal activity, be threatening, abuse or invade another´s privacy, or cause annoyance, inconvenience or needless anxiety, be likely to harass, upset, embarrass, alarm or annoy any other person, be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate. 
Failure to comply with this Acceptable Use Policy constitutes a material breach of the Terms of Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this Acceptable Use Policy.  The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

Changes to this Acceptable Use Policy

We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published

Your concerns

If you have any concerns about material which appears on our site, including concerns that your intellectual property rights have been infringed, please contact us.
Thank you for visiting our site.