We, The Ticket Factory (a trading name of The National Exhibition Centre Limited) of The NEC, Birmingham, B40 1NT license you to use:
a) The Ticket Factory mobile application software, the data supplied with the software, and any updates or supplements to it; and
b) the service you connect to via the mobile application software and the content we provide to you through it.
(together the "App
as permitted in these terms.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
2. Other applicable terms
If you purchase goods or services through the App, the relevant terms and conditions of supply for the relevant product or service will also apply. These will be clearly signposted during the order process.
The ways in which you can use the App may also be controlled by the rules and policies of the relevant app store from which you have downloaded the App and those rules and policies will apply instead of these terms where there are differences between the two.
4. Acceptable use
You must not:
a) use the App in any way that breaches any applicable local, national or international law or regulation.
b) use the App in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
c) use the App for the purpose of harming or attempting to harm minors in any way.
d) use the App to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
e) use the App to knowingly transmit any data, send or upload any material that contains viruses, trojans, 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 must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack.
f) You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
g) infringe our intellectual property rights or those of any third party in relation to your use of the App (to the extent that such use is not licensed by these terms);
h) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
i) use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
j) collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the App;
k) rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
l) copy the App, except as part of the normal use of the App;
m) translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms; nor
a) disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things.
5. Limitations to the app
The App is provided for general information only. It is not intended to amount to advice on which you should rely. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up-to-date.
Please back-up content and data used with the App
. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App.
Check that the App is are suitable for you
. The App has not been developed to meet your individual requirements. Please check that the facilities and functions of the App (as described on the appstore site) meet your requirements.
We are not responsible for events outside our control
. If our provision of the App or support for the App is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
6. Accounts and passwords
7. Ownership of rights
We are the owner or the licensee of all intellectual property rights in the App, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
8. LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the App, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with your use of, or inability to use, the App or your use of or reliance on any content displayed on it.
If you are a business user, please note that in particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide the App for domestic and private use.
You agree not to use the App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App or to your downloading of any content on it, or on any website linked to the App.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods or services by us to you, which will be set out in our terms and conditions of supply.
We do not guarantee that the App 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 the App. You should use your own virus protection software.
10. Third party links and resources on the App
Where the App contains links to other sites and resources provided by third parties, these links are provided for your information only and should not be interpreted as endorsement by us of those linked websites. 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.
11. Suspension and termination
- Immediate, temporary or permanent withdrawal of your right to use the App.
- 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.
12. Support for the App and how to tell us about problems
. If you want to learn more about the App or have any problems using them please take a look at our support resources by clicking here or visiting our Contact Us section.
Contacting us (including with complaints)
. If you think the App are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected]
or use the Contact Us section within the App.
How we will communicate with you
. If we have to contact you we will do so by email using the contact details you have provided to us.
13. How you may use the app, including how many devices you may use it on
In return for your agreeing to comply with these terms you may:
a) download or stream a copy of the App onto your mobile devices and view, use and display the App on such devices for your personal purposes only; and
b) receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
You must be 18 or over to accept these terms and download the App.
We are giving you personally the right to use the App as set out above. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
14. If someone else owns the phone or device you are using
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
15. We may collect technical data about your device
By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any services to you.
16. We may collect location data (but you can turn location services off)
Certain services including Discover, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us collecting such data at any time by turning off the ’Share My Location’ functionality in Settings.
17. Applicable law