YouChip Website Terms of Use 150505

TERMS OF USE
1.
TERMS OF WEBSITE USE
This page (together with the documents referred to in it) sets out the terms on which you
may use our website http://downloadfestival.co.uk/rfid-dogtags (our "site"), whether as a
guest or a registered user.
Please read these terms of use carefully before you start to use our site. We recommend
that you print a copy for future reference.
By using our site, you confirm that you accept these terms of use and that you agree to
comply with them.
If you do not agree to these terms of use, you must not use our site.
2.
OTHER TERMS
These terms of use refer to the following additional terms, which also apply to your use of
our site:
3.
(a)
Our Privacy Policy, which sets out the terms on which we process any personal
data we collect from you, or that you provide to us. By using our site, you consent
to such processing and you warrant that all data provided by you is accurate.
(b)
The Terms [see below: TERMS AND CONDITIONS FOR THE USE OF
CASHLESS TAGS AT DOWNLOAD FESTIVAL 2015] provided by the merchant,
Live Nation Music (UK) Limited, 2nd Floor, Regent Arcade House, 19-25 Argyll
Street, London W1F 7TS, and the third-party payment processor, Wirecard. This
sets out the terms applicable to making payments onto your account, once you
have registered for it.
INFORMATION ABOUT US
The website http://downloadfestival.co.uk/rfid-dogtags is a site operated by Youchip GmbH
("We"). We are registered with the Amtsgericht Muenchen in Germany under company
number HRB 209807 and have our registered office at Talangerstr. 7, D-82152 Krailling,
which is also our main trading addess. Our VAT number is DE 289 530 170.
4.
CHANGES TO THESE TERMS
We may amend or update these terms of use at any time by posting an updated version on
our site. You should check back regularly to ensure you are familiar with the updated terms
of use.
5.
ACCESSING OUR SITE
Our site is made available free of charge.
We may update our site from time to time, and may change its content or functionality at
any time.
We do not guarantee that our site, or any content or functionality on it, will always be
available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any
part of our site without notice. We will not be liable to you if for any reason our site is
unavailable at any time or for any period.
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
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your internet connection are aware of these terms of use, the Privacy Policy and the
Payment Terms, and that they comply with them.
6.
YOUR ACCOUNT AND PASSWORD
When you register on our site and choose a password to protect your account, you are
responsible for maintaining the confidentiality of your login details, and are responsible for
all actions (including unauthorised actions, provided they are not through a fault of ours)
conducted using your login details.
We have the right to disable any user account at any time, if in our reasonable opinion you
have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your password, you should
change your password immediately or contact us at [email protected].
7.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and of all
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 a reasonable number of copies, and may download extracts, of any
page(s) from our site for your personal use. 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 content on our site
must always be acknowledged.
You must not use any part of the content 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.
The content on our site is provided for general information only. It is not intended to amount
to advice on which you should rely. You must obtain professional or specialist advice
before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no
representations, warranties or guarantees, whether express or implied, that the content on
our site is accurate, complete or up-to-date.
8.
LIMITATION OF OUR LIABILITY
Your access and use of our site is at your own risk. You will be liable for your use of our
site and its contents. In particular, you will be liable for communicating information or data
which is not correct, is false or concerning third parties (in the event such third parties have
not given their consent) as well as for any improper use of such data or information.
We accept no liability, no matter how that may be caused, and whether directly or indirectly,
for any loss or damage caused to you or another (including any business you represent)
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arising from your use of our site including but not limited to loss of income, business,
profits, opportunity, contracts, actual or anticipated savings, data, reputation or goodwill.
We assume no responsibility for the content of websites linked on our site. Such links
should not be interpreted as endorsement by us of those linked websites. We will not be
liable for any loss or damage that may arise from your use of them.
In particular, you will be responsible for ensuring, when making a payment onto your
account, that any information you have submitted on our site is accurately replicated on
pages owned by Wirecard, the third-party payment processor.
These terms of use do not limit or exclude:
(a)
our statutory liabilities which cannot be excluded by law;
(b)
our liability for death or personal injury resulting from our negligence; or
(c)
our liability for fraud or fraudulent misrepresentation.
In addition, the provisions of this clause 9 are not intended to override the provisions of the
Payment Terms or preclude any rights or remedies you might have under the Payment
Terms.
9.
VIRUSES
We will not be liable for any loss or damage caused by a virus, trojan, worm, logic bomb,
distributed denial-of-service attack, or other technologically harmful material (each a
"Virus") that may infect your computer equipment, computer programs, data or other
proprietary material due to your use of our sites or to your downloading of any content on it,
or on any website linked to it.
We do not guarantee that our site will be secure or free from bugs or Viruses.
You are responsible for configuring your information technology, computer programmes
and platform in order to access our site. You should use your own virus protection
software.
You must not misuse our site by knowingly introducing Viruses. You must not attempt to
gain unauthorised access to our site, the server on which our site is stored or any server,
computer or database connected to our site. You must not attack our site via a denial-ofservice attack or a distributed denial-of service attack. We may report any such activities 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.
10.
LINKING TO OUR SITE
You may link to pages on our sites, provided you do so in a way that is fair and legal and
does not damage our reputation or take advantage of it.
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.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our site other than that set out above, please
contact [email protected].
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11.
THIRD PARTY LINKS AND RESOURCES IN 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.
12.
APPLICABLE LAW
Please note that these terms of use, its subject matter and its formation, are governed by
English law. You and we both agree that the courts of England and Wales will have nonexclusive jurisdiction. However, if you are a resident of Northern Ireland you may also
bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also
bring proceedings in Scotland.
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TERMS AND CONDITIONS FOR THE USE OF CASHLESS TAGS AT DOWNLOAD FESTIVAL 2015
1
INTRODUCTION
1.1
Download Festival 2015 (the “Festival”) will be a cashless event. You will only be able to pay
for goods and services in the Festival site using a tag embedded with an RFID chip attached to
your wristband (a “Tag”). You will also need the Tag to access the Festival and certain areas
within the Festival.
1.2
The Tag is operated by YouChip GmbH (“YouChip”) and will be issued to you on entry into the
Festival when you hand over a valid ticket. If we grant you access to the Festival without a
ticket, we may issue you with a Tag at our sole discretion.
1.3
These terms and conditions (“Terms”) govern the relationship between you and Live Nation
(Music) UK Limited ("we" "us" or the "Promoter") in relation to your use of the Tag and the
services associated with the Tag. Please read these Terms carefully. By using the Tag and/or
the services associated with the Tag you agree to comply with these Terms.
1.4
We may change these Terms from time to time by posting an amended version on
www.downloadfestival.co.uk (“Website”). Please check our website from time to time to see
any changes we may have made, as your continued use of the Tag and/or the services
associated with the Tag after these Terms are amended shall mean that you agree to be bound
by such changes.
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accessing the festival
2.1
You must bring your ticket with you to the Festival and exchange it for a Tag on entry. If we
grant you access to the festival without a ticket, for example, if you are performing or working at
the Festival, you may be issued a Tag at our sole discretion.
2.2
You will only be able to access the Festival and certain areas within the Festival using the Tag
that we issue to you.
3
adding credit to your tag
3.1
In order to use your Tag to purchase goods or services at the Festival you must credit your Tag
with funds. You can credit your Tag (which may hold a maximum balance of £500 at any time)
using any of the following methods:
3.2
(a)
online using credit or debit card (minimum credit of £1) via the Website before and
during the Festival once you have created an online account (see clause 5 below);
(b)
at the top up machines at the Festival using cash or credit or debit card (minimum
credit of £5); or
(c)
at the manned top up booths at the Festival using credit or debit card (minimum
credit of £1).
The only way to use cash to add credit to your Tag is by using the top up machines at the
Festival. Only notes are accepted by the top up machines. Coins are not accepted. The top up
machines do not give change. Any amount you insert into a top up machine will be credited to
your Tag.
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4
creating an online account
4.1
By creating an online account you will be able to register your ticket/Tag to your account and,
amongst other things:
(a)
credit your Tag before and during the Festival without visiting the top up machines
or booths in the Festival;
(b)
view the transactions on your Tag;
(c)
receive a refund of any unused credit on your Tag after the Festival; and
(d)
enable us to blacklist your Tag if it is lost or stolen.
4.2
Unless you create an online account and register your Tag, we will not be able to blacklist your
Tag in accordance with clause 7 if it is lost or stolen.
4.3
To create an online account you must visit the Website before, during or after the Festival until
15 November 2015 and provide your name, your e-mail address and your ticket number
(barcode) if you create an account before the Festival or Tag identification number if you create
an account during or after the Festival.
4.4
You may ask us to de-activate your online account by emailing us at
[email protected]. We will use our discretion when considering your request and
only delete your account if there is no unused credit on your Tag and you have not linked your
online account to a ticket or Tag.
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how to use your Tag
5.1
You must keep your Tag on your wrist or (where not possible) such other secure location on
your person at all times during the Festival.
5.2
You will need to swipe your Tag at access points and/or show your Tag to the relevant Festival
personnel in order to access certain areas of the Festival and to exit and enter the Festival.
Access to such areas and the Festival will be subject to the terms of your ticket and such other
terms as are applicable to that area and/or the Festival.
5.3
You can purchase goods and/or services from vendors at the Festival by touching your Tag on
a Tag reader located at the point of purchase, provided that you have enough credit on your
Tag to pay for the entire transaction. You may not use the credit on your Tag for any other
purpose.
5.4
The available balance on your Tag will be reduced by the full amount of each transaction.
5.5
Once you have authorised a payment using your Tag, we cannot change, cancel it or provide
you with a refund. Refunds for goods or services purchased from a Festival vendor may be
processed by that vendor but will be subject to the terms of your agreement with that vendor.
5.6
The credit in your Tag may only be used by you (as the registered account holder). You may
not use any Tag other than the Tag associated with your ticket number.
5.7
We are not a party to any contract between you and a vendor at the Festival and shall not be
liable for, or in connection with, any goods or services provided or not provided by any such
vendor.
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5.8
Your Tag is not a credit card, debit card, charge card, or cheque guarantee card, it is not linked
to your bank account and the balance on your Tag will not earn interest.
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refunds of unused credit
6.1
You may only obtain a refund of any credit remaining on your Tag after the Festival. To obtain a
refund you must create an online account (see clause 4) if you have not already.
6.2
If you added credit to your Tag online using a credit or debit card, then the refund will be paid to
the first card that was used to add credit to your Tag online.
6.3
If you did not add credit to your Tag online using a credit or debit card, then you must register
your bank account details on your online account and the refund will be paid to that bank
account. It is your responsibility to ensure that the correct bank account details are registered on
your online account.
6.4
Refunds will be paid in accordance with this clause as soon as reasonably practicable after the
Festival, provided that you have taken the steps specified in clause 6.1 and 6.3 (if applicable):
(a)
we have no reason to suspect that you have been engaged in fraudulent activity or
breached these Terms; and
(b)
we are not prohibited by any applicable law, regulation, court order or instruction or
guidance of a competent regulatory authority.
6.5
If you have not registered an online account and provided your bank details on or before
15 November 2015, you will not be entitled to a refund and any credit remaining on your
Tag will become our property.
7
lost, stolen and damaged tags
7.1
Subject to clause 10.2, we accept no liability for any loss or damage which is caused to you or
any third party as a result of a Tag which is lost or stolen or used without permission, unless this
is caused by our negligence.
7.2
You should treat your Tag as if it were cash in your wallet. If you lose your Tag then any credit
which is stored on your Tag account may be lost, as if you had lost your wallet.
7.3
You shall at all times remain responsible for the use of your Tag and the activity on your
online account, whether or not the activity was authorised by you.
7.4
You may not tamper with your Tag. If we reasonably believe you have tampered with your Tag,
we reserve the right to disable your Tag and/or reject you from the Festival.
7.5
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. You must not disclose it to any third party.
7.6
We have the right to disable any Tag, user identification code or password, whether chosen by
you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with
any of these Terms.
7.7
You must immediately notify a member of staff at one of the service points in the Festival if your
Tag is lost, stolen, damaged or if you know or suspect that anyone has used the credit on your
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Tag or knows your user identification code or password and provide your account username (if
you have created an online account) and any other information reasonably required to verify
your identity or deactivate, suspend, or cancel your Tag.
7.8
If, in our reasonable opinion, a Tag is damaged (other than through tampering), lost, stolen or
destroyed, a replacement tag shall be issued as soon as reasonably practicable. Any
replacement tag will be deemed to be a Tag for the purposes of these Terms.
7.9
If you have registered your Tag to your online account, we will attempt to blacklist your
Tag and you may be able to claim a refund of credit remaining on your Tag after the
Festival. Such refunds will be paid in accordance with clause 6. If you have not
registered your Tag online, we will not be able to blacklist your Tag.
7.10
Unless you return your original Tag in working order to us when you request a replacement Tag,
the replacement Tag will not be linked to your existing online account and you must provide a
new email address to create an online account and register such replacement Tag to that
account.
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your personal data
8.1
Any personal data which you provide to us from time to time in connection with your Tag may
be used by us and our partners, including, without limitation, YouChip and/or Wirecard Bank AG
(our payment service provider):
(a)
to administer your Tag account, process transactions, provide you with the
assistance and services you request;
(b)
to carry out our obligations arising from any contracts entered into between you
and us; and
(c)
to notify you about changes to our service, Website and/or the Festival.
8.2
It is your responsibility to ensure that any information you provide to us is complete, accurate
and that it remains up to date.
8.3
For more information on the way we use your personal information read our Privacy Policy
available at www.livenation.co.uk/privacy.
9
our rights of termination, cancellation or to refuse a transaction
9.1
Without prejudice to any of our other rights, we may (without giving you prior notice) terminate
our agreement with you, cancel or suspend your Tag or online account, or refuse a transaction,
if we have reason to believe that the Tag or online account is being used fraudulently, illegally,
or in breach of these Terms. In these circumstances we may refund any unused credit on your
Tag account at our discretion, provided that we act reasonably. Any refund, if given, will be
processed in accordance with clause 6.
10
OUR LIABILITY TO YOU
10.1
We are responsible for loss or damage you suffer that is a foreseeable result of our breach of
these Terms or our negligence, but we are not responsible for any loss or damage that is not
foreseeable (except as set out in clause 10.2). Loss or damage is foreseeable if it is an obvious
consequence of our breach or if it is contemplated by you and us at the time we entered into
these Terms.
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10.2
10.3
We do not exclude or limit our liability under these Terms for:
(a)
death or personal injury caused by our negligence;
(b)
fraudulent misrepresentation; or
(c)
any other type of liability which cannot by law be excluded or limited.
We do not warrant or represent that:
(a)
your use of the Tag or Website will be uninterrupted, error free; or
(b)
the payment points will always be available at vendors at the Festival.
11
General
11.1
The invalidity or partial invalidity of any provision of these Terms shall not prejudice or affect the
remainder of these Terms, which shall continue in full force and effect.
11.2
If any invalid, unenforceable or illegal provision of these Terms 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.
11.3
Our failure to exercise, or delay in exercising, any right, power or remedy provided by these
Terms or by law shall not constitute a waiver of that right, power or remedy.
11.4
These Terms and the documents referred to in it, constitute the entire agreement between you
and us in relation to the Tag and the services associated with the Tag and supersede any
previous agreement or arrangement between the parties relating to the same.
11.5
Subject to clause 10.2, the parties agree that they have not entered into this agreement in
reliance upon any statement, representation, covenant, warranty, undertaking or understanding
(whether negligently or innocently made) of any person (whether party to this agreement or not)
except as expressly set out in these Terms.
11.6
These Terms only apply to your relationship with us regarding the Tag and the associated
services and they do not affect (and are in addition to): (a) any terms and conditions governing
Festival tickets and/or entry into Festival areas and (b) any agreement between you and a
vendor of goods or services at the Festival (including any statutory rights you may have as a
consumer).
11.7
No other person, other than you or us, shall have any right to enforce these Terms pursuant to
the Contracts (Rights of Third Parties) Act 1999.
11.8
We may assign our rights and benefits at any time without prior written notice to you and may
subcontract any of our obligations under these Terms.
11.9
We shall not be liable for any delay or failure in the performance of our obligations under these
Terms to the extent such delay or failure results from an event that is outside our reasonable
control.
11.10
These Terms shall be governed by and construed in accordance with the laws of England and
Wales. You and we hereby submit to the exclusive jurisdiction of the Courts of England and
Wales (including in relation to any non-contractual disputes or claims).
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contact us
If you require any assistance in relation to the Tag, please contact us using the contact details
below:
[email protected]
LAST UPDATED: 5 May 2015