TERMS AND CONDITIONS (013 CARDS)

These Terms and Conditions form your agreement in relation to your Ticketmaster stored value Gift Card that you have purchased or received "Card". Please read these Terms and Conditions carefully before you use your card. If there is anything you do not understand or do not agree with, please contact customer services using the contact details at clause 15 of this agreement. These Terms and Conditions incorporate our Terms of Use by this reference.

DEFINITIONS

'Account Number' - This is your unique personal account card number.
'Account' - The electronic account associated with your Card.
'Agreement' - This cardholder agreement as varied from time to time.
'Available Balance' - Value of funds loaded onto your Card and available for use.
'Card' - Any Ticketmaster prepaid card issued to you under this Agreement.
'Cardholder' - You, the person entering into this Agreement with us.
'Customer Services' - The contact centre for dealing with queries and requests for services in relation to your Card. Contact details for Customer Services can be found at clause 15 below.
'e-Gift Card' - Any Ticketmaster prepaid code issued to you under this Agreement.
'e-money' - The electronic money associated with your Card.
'Merchant' - A retailer, or any other person, firm or corporation that accepts Ticketmaster Cards.
'Ticketmaster' - Ticketmaster UK Limited, a company registered in England and Wales (company number 02662632) whose registered office is 30 St John Street, London, EC1M 4AY, United Kingdom, with VAT registration number GB766098489
'Transaction' - A retail sale completed by you using your Card.
'we', 'us' or 'our' - PrePay Technologies Limited, a company registered in England and Wales with number 04008083 who can be contacted at PO BOX 3883, Swindon, SN3 9EA. PrePay Technologies Limited is authorised and regulated by the Financial Conduct Authority to issue e-money and is registered with firm registration number (FRN) 900010.
'you', 'your' - The Cardholder (being either the purchaser of the Card or the person to whom the Card has been transferred pursuant to clause 14.3).

1. Scope of this Agreement

1.1 Your Card is an e-money stored value Gift Card containing the value that you have loaded onto it. The Card is not a credit card, charge card, cheque guarantee card, or debit card.
1.2 Unless stated otherwise in this these Terms and Conditions, all terms and conditions which apply to Gift Cards also apply to e-Gift Cards.
1.3 These Terms and Conditions are written and available only in English and we undertake to communicate with you in English regarding any aspect of your Card or Account.

2. Purchase, Receipt and Activation of Cards

2.1You can purchase a Card direct from Ticketmaster by telephone on 0844 847 1640 or online or in store at any participating retailer.
2.2You can purchase a Card by using any payment method accepted by the relevant retailer.
2.3When purchased in a participating retailer, your Card will be activated by the retailer and will be ready to use from the point of activation.
2.4When purchasing a Card direct from Ticketmaster by telephone or online, the purchaser will need to give their name and the debit or credit card registered billing address for the Card. Your Card will be delivered to the stated delivery address within 14 days of purchase. When purchasing in this way cards will become active upon time of purchase. It may take up to three working days for an e-Gift Card to be activated and ready to use.
2.5The purchaser of the Card has 14 days from date of purchase to cancel without incurring any penalty or charge. Only the purchaser of the Card has the right to cancel. On request we will cancel the Card and reimburse any remaining balance to the purchaser within 30 days of receiving the request. Payments will be made as set out in sub-clauses 5.A and 5.B. You or the purchaser must return the Card together with proof of purchase of the Card. Any refund made will be by cheque or issuance of an e-Gift Card. There is no facility for cash refunds.

3. Use of Cards

3.1 Your Card can be redeemed in full or in part to purchase tickets to participating events and other Ticketmaster products through Ticketmaster by telephone on 0844 847 1640 or online and at Merchants (subject to Ticketmaster's Purchase Policy and by telephoning 0844 844 0444. Please note that Ticketmaster sells tickets and associated products and/or services on behalf of promoters, producers, teams, performers and venues. We refer to these parties who organise or provide the event and/or from whom we obtain tickets and/or associated products or services to sell to you as our "Event Partner". We sell tickets allocated to us by Event Partners. The quantity and type of tickets allocated or made available for sale by us varies on an event by event basis. Ticketmaster does not control this inventory or its availability. Where Ticketmaster does not have an allocation of tickets of a particular type (e.g. accessible tickets) for an event or an allocation of any tickets whatsoever for a particular event, your Card may not be used in relation to the relevant ticket type(s) or particular event(s). Your Card also cannot be redeemed to purchase tickets for events taking place outside of the United Kingdom or to purchase tickets or other Ticketmaster products that are available for sale in a currency other than GBP Pounds Sterling.
3.2 When using your card for online Transactions you will need the 3 digit security number written on the reverse of the Card in order to complete the Transaction. In all other cases the Transaction will be authorised at the point at which your Card is swiped by the Merchant or when you advise the telephone operator of your Card number and confirm to proceed with the Transaction. You may not usually stop a Transaction once you have authorised it as at that point it is deemed to be received by us. You will be responsible for all authorised Transactions.
3.3 Your Card is not a cheque guarantee card, debit card, credit card or charge card.
3.4 Your Card cannot be exchanged for cash.
3.5 Your Card is an e-money stored value gift card, which means that the Card's Available Balance will be reduced by the full amount of each Transaction and authorisation, plus value added tax and any other taxes that are applicable (the "Full Deductible Amount"). The Full Deductible Amount must be less than or equal to the Available Balance on your Card. You must not use your Card if the Full Deductible Amount exceeds the Available Balance or after the expiry date of the Card. If, for any reason, a Transaction is processed for an amount greater than the Available Balance on Your Card, you must repay us the amount by which the Full Deductible Amount exceeds your Available Balance within 14 days of a letter from us requesting payment.
3.6 You can check your Available Balance online or by calling 0844 847 1640
3.7 The Available Balance on your Account will not earn any interest.

4. Card Expiry

4.1 Your Card will expire 12 months after activation and a minimum of 12 months after purchase if the Card is never activated. You will not be able to use your Card if it has expired.
4.2 No Transactions will be processed once your Card has expired.

5. Refund of Your E-money

5.1 The terms that apply for any request to refund e-money will depend on the purchase date of your Card. If you purchased your Card before 29 April 2011, the terms that apply to your Card are set out under 5.A of this Agreement. If you purchased your Card on or after 30 April 2011, the terms that apply to your Card are set out under 5.B of this Agreement.

5.A.1 If you would like to terminate your Card and claim a refund of any unused funds, you may do so as long as:

(a) the Available Balance is greater than £7.50; and
(b) we believe you have not acted fraudulently;
(c) we are not prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency and;
(d) you claim your refund less than 12 months after the date of activation of your Card.

5.A.2 You may obtain a refund of any unused funds by contacting Customer Services using the contact details at clause 15 of these Terms and Conditions and stating that you wish to claim a refund of your e-money.
5.A.3 Except in the case of a cancellation under clause 2.5, we will charge a refund administration fee of either 10% of the Available Balance or £7.50 (whichever is greater) or, the Available Balance if the Available Balance is less than £7.50. In no case will we charge an administration fee that is more than the Available Balance. We will inform you of the exact amount of this fee once we have processed your refund. The refund amount will be passed on to you, less the refund administration fee ("Refund Amount"), by way of your choice of:

(a) a cheque for the Refund Amount or
(b) an e-Gift Card loaded with the Refund Amount.

5.A.4 Please note that our procedures may require us to carry out various checks reasonably required to prevent fraudulent use of your Card before we can process your refund request.
5.A.5 If we find that any additional Transactions, fees or charges have been incurred on your Card following the processing of your refund, we shall send an itemised invoice to you and will require you to refund us within 14 days of the invoice.

5.B.1 If you would like to terminate your Card and claim a refund of any unused funds, you must do so within six years from the date that your Card expires. We will not refund any remaining available balance to you where more than six years has passed since the date that your Card expired.
5.B.2 We will be entitled to charge the following redemption fees:

(a) in the first twelve months (i.e. before expiry): £7.50
(b) up to one year from the date of expiry: Zero
(c) more than one year from the date of expiry: £7.50

5.B.3 Please note that if your balance is £7.50 or less and you want to redeem in circumstances where we are entitled to charge a redemption fee of £7.50, we will charge a redemption fee which is equal to your available balance, which will be reduced to zero.
5.B.4 You may redeem funds subject to the provisions described in 5.B.2 as long as;

(a) we believe you have not acted fraudulently; and
(b) we are not prohibited from doing so by any applicable law, regulation, court order or instruction or guidance of a competent regulatory authority or agency.

5.B.5 You can obtain redemption of any unused funds, less the refund administration fee ("Refund Amount"), by contacting Customer Services. All redemptions will be paid by your choice of

(a) a cheque for the Refund Amount or
(b) an e-Gift Card loaded with the Refund Amount.

5.B.6 Any redemption shall be made together with a pro-rata refund of any activation fee that you may have paid in advance with respect to the Card (if applicable).
5.B.7 If we find that any additional withdrawals, fees or charges have been incurred on your Card following the processing of your redemption funds, we shall send an itemised invoice to you and we will require you to refund us within 14 days of the invoice. Should you not repay this amount within 14 days of receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
5.B.8 Please note that our procedures may require us to carry out various checks reasonably required to prevent fraudulent use of your Card before we can process your refund request.

6. Cardholder Liability and Authorisations

6.1 We may restrict or refuse to authorise any use of your Card if using the Card is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that either you or a third party has committed or is about to commit a crime or other abuse in connection with the Card.
6.2 If we need to investigate a Transaction on the Card then you must cooperate with us, the police or any other authorised body if this is required.
6.3 You should never allow another person to use your Card;
6.4 You agree to indemnify and hold harmless us and our distributors, partners, agents, sponsors, and service providers and their group companies for and against the costs of any legal action taken to enforce these Terms and Conditions and/or any breach of these Terms and Conditions or fraudulent use of your Card by or authorised by you.

7. Lost, Stolen or Damaged Cards

7.1 You should treat the e-money on your Card like cash in a wallet. If you lose your Card or it is stolen you may lose any e-money on it in just the same way as if you lost your wallet.
7.2 In the event of loss, theft, fraud or any other risk of an unauthorised use of your Card, or if your Card is damaged or malfunctions, you must contact Customer Services using the details in clause 15 of this Agreement immediately. You will be asked to provide us with your Card Number and some identifying details. You will be liable for any unauthorised Transactions that take place prior to you notifying us and these will reduce your Available Balance. If our records show that there is an Available Balance remaining on your Card, we will cancel the Card to limit any further losses.
7.3 In the event of loss, theft, fraud or any other risk of an unauthorised use of your Card, or if your Card is damaged or malfunctions, we will redeem your Available Balance to you, unless we have any reason to believe that the notified incident has been caused by your breach of this Agreement, gross negligence or if it raises reasonable suspicion of fraudulent or improper conduct. The redemption proceeds will be paid to you in accordance with clause 5. No redemption fees will apply if you can demonstrate that the Card was stolen or damaged without negligence on your part.
7.4 If you subsequently find or retrieve a Card that you have reported lost or stolen, you must notify us immediately.

8. Disputes

8.1 If you have reason to believe that any of the Transactions for which your Card was used are unauthorised, or if you have a good reason to believe a Transaction has been posted to your Account in error, you may ask us to investigate the Transaction by contacting Customer Services within 13 months of the date of the relevant Transaction.
8.2 It is important that you have taken the precautions set out in these Terms and Conditions, in particular keeping your Card safe. We reserve the right not to refund sums to you if we believe that you have not acted in accordance with this Agreement.
8.3 We will immediately refund the amount to your Account to the position it would have been in if the unauthorised transaction had not taken place. We will have no further liability to you. If we subsequently discover that you were not entitled to a refund, we shall treat the refund as a mistake and be entitled to reapply the transaction, including any interest and charges to your Account. In this event we will charge you a £10 administration fee.
8.4 If there are reasonable grounds for thinking that you may not be entitled to a refund (based on the evidence available to us at the time you report the unauthorised transaction), we may investigate before giving you a refund.

9. Variation

9.1 We may change the Terms and Conditions of this Agreement, including charges, fees and limits, at any time by posting an amended version on the website.
9.2 We will give you two months' notice by email of any material change in fees or service levels included in these Terms and Conditions. If you have not provided us with your email address you must regularly check the website for up to date Terms and Conditions.

10. Termination or Suspension

10.1 We can terminate this Agreement at any time:

(a) if we give you two months' notice (provided that you have supplied with your email address) and refund the Available Balance to you; or
(b) with immediate effect if you have breached this Agreement, or if we have reason to believe that you have used, or intend to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes or if we can no longer process your Transactions due to the actions of third parties.

10.2 We can suspend your Card at any time with immediate effect (and until your default has been remedied or the Agreement terminated) if:

(a) we discover that any of the information that you provided to us when you applied for your Card from Ticketmaster by telephone or online was incorrect;
(b) a Transaction has been declined because of a lack of Available Balance; or
(c) you have breached this Agreement or we have reason to believe that you have used, or intend to use, the Card in a grossly negligent manner or for fraudulent or other unlawful purposes or if we cannot process your Transactions due to the actions of third parties.

10.3 In the event that any additional fees and/or charges are found to have been incurred on your Card following termination by either you or us, you shall refund to us any sum which relates to a withdrawal on the Card or fees and/or charges validly applied whether before or after termination. We shall send an itemised invoice to you and will require you to refund us within 14 days of the invoice.

11. Our Liability

11.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:

(a) We shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at Merchants and failure of data processing systems;
(b) We shall not be liable for any loss of profits, loss of business, loss of data or any indirect, consequential, special or punitive losses;
(c) where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or (at our choice) refund of the Available Balance;
(d) where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount; and
(e) in all other circumstances of our default, our liability will be limited to refund of the Available Balance.

11.2 Nothing in this Agreement shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
11.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
11.4 The above exclusions and limitations set out in this clause 11 shall apply to any liability of our affiliated companies or suppliers, contractors, agents or distributors and any of their respective affiliate companies (if any), to you, which may arise in connection with this Agreement.

12. Your Information

12.1 You may provide us with personal data from time to time in connection with your Card. Some personal data will be necessary for us to provide you with the Card and services under this Agreement. You must notify us immediately of any change of name and address or other personal details in writing or by using the contact details set out in clause 15 for these purposes.
12.2 We and our affiliated companies are committed to maintaining your personal data in accordance with the requirements of the Data Protection Act 1998 and will take all reasonable steps to ensure that your personal data is kept secure against unauthorised access, loss, disclosure or destruction. Except as required by law, or in accordance with these Terms and Conditions and/ or our Privacy Policy when you book tickets, your personal information will not be passed to anyone without your permission. To comply with Anti-Money Laundering Regulations, we are required to request evidence of identity from you and may use an ID verification agency or credit reference agency (whose names and addresses will be provided to you on request) both prior to and following issue of your Card for this purpose and who will record that an entry has been made.
12.3 We may contact credit reference agencies to check your identity, and they will add details of our search to your record. You agree that we can use your personal data in connection with the Card, and the e-money associated with the Card, to contact you about replacement Cards, and to enable us to review, develop and improve our products and services. This may involve providing your personal data to our affiliated companies, agents, distributors, and suppliers to process Transactions and for their statistical research and analytical purposes. We may also transfer your personal data outside of the EEA to enable you to use the Card while you are travelling, and such countries may not offer the same protections for personal data. We may also disclose your personal data as required by law, regulation or any competent authority or agency including to authorities and agencies to investigate possible fraudulent, unlawful or unauthorised activity.
12.4 You may contact us at any time to request us to stop such use or further disclosure to other companies for such use.
12.5 You have a right to inspect the personal data we hold about you however we will ask you to pay an inspection fee of an amount up to £10.00 to cover our costs. For further information please contact Customer Services using the contact details at clause 15 of these Terms and Conditions.
12.6 If we discover that the information we hold about you is incorrect, we may have to suspend or cancel your Card until we can establish the correct information, in order to protect us both.

13. Complaints and Dispute Resolution

13.1 If you have any queries or complaints regarding your Card purchase, contact us, quoting your order number given to you in your confirmation email. Some complaints can take up to twenty-eight (28) days to resolve, but we will get back to you as soon as possible.
13.2 If any dispute arises, we shall use our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to you and us.
13.3 Although this does not restrict your rights to pursue court proceedings, if we are unable to settle any dispute by negotiation within twenty-eight (28) days, you and we may attempt to settle it by mediation. To initiate mediation a party must give written notice to the other parties to the dispute requesting mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved, and which terms are deemed incorporated into this agreement.
13.4 STAR can be contacted at:
PO Box 708
St Leonard's Place
York
YO1 0GT

Telephone: 01904 234737 (or +44 1904 234737 if calling from outside the UK)
Email: [email protected]

13.5 As an online trader, pursuant to European Union legislation, Ticketmaster also draws your attention to the European Commission's Online Dispute Resolution platform where you can access for further information about online dispute resolution. You can also email us at [email protected].
13.6 Furthermore, if we fail to resolve your complaint to your satisfaction you may refer your complaint to the Financial Ombudsman Service (Exchange Tower, London E14 9SR; telephone 0845 0801 800. Details of the service offered by the Financial Ombudsman Service are available online.
13.7 The Financial Services Compensation Scheme is not applicable for the Card. No other compensation schemes exist to cover losses claimed in connection with the Card. We will however safeguard your funds, so that in the event of our insolvency, your funds are protected.

14. General

14.1 Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
14.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
14.3 You may not assign or transfer any of your rights and/or benefits under these Terms and Conditions and you shall be the sole party to the contract between us unless you make the transferee aware of this Agreement, obtain the transferee's consent to be bound by this Agreement (except for the right to cancel under clause 2.5 which remains with the purchaser) and ensure that the transferee at all times complies with the terms of this Agreement. You will remain liable until all Cards issued to you are cancelled or have expired and all sums due under these Terms and Conditions have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.
14.4 No third party who is not a party to this Agreement has a right to enforce any of the provisions of these Terms and Conditions.
14.5 This Agreement is governed by English law and you agree to the non-exclusive jurisdiction of the courts of England and Wales.

15. Contacting Customer Services

15.1 If you need assistance, you can contact Customer Services by telephoning 0333 321 9999 between the hours of 9.00 am and 5.00pm on Monday to Friday, or by writing to Customer Services at PO Box 798, Manchester, M60 1WY, or via the website.

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