PLEASE READ THESE LICENCE TERMS CAREFULLY 

1. Who we are and what this agreement does 

We, The Ticket Factory, trading name of The National Exhibition Centre Limited of The National Exhibition Centre, Birmingham, West Midlands B40 1NT license you to use: 

• The Ticket Factory Wallet mobile application software, the data supplied with the software, (App) and any updates or supplements to it. 
• The service you connect to via the App and the content we provide to you through it (Service). 

as permitted in these terms. 

2. Your privacy 

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy https://www.theticketfactory.com/tickets/mobile-ticketing-privacy-policy/  

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. 

3. Installation 

It is your responsibility to download and install the App and to ensure that tickets are displayed correctly on your electronic device. In the event that you have any issue or problem with the installation of the App, you may contact us (see 9 below). 

4. Registration 

Account: In order to access and use the App, you are required to register an account (“Account”) and to sign-in to such Account. By registering an Account, you warrant that you are of legal age and have unrestricted legal capacity in your country of domicile or residence, or that you duly obtained the consent of your legal representative(s). 

 Accuracy: You warrant that all information provided to us in the registration process or otherwise is true and accurate. You shall keep such information up to date. 

 Confidentiality: You agree to keep your login credentials confidential. You agree to notify us immediately of any unauthorised access or use of your Account or any other breach of security. 

 Data Usage: You are hereby warned that the App uses the data connection of your mobile phone. If you do not have a proper mobile data plan, you can be charged for all data use by your mobile phone carrier. While many mobile phones automatically disable data usage when roaming (using your mobile phone outside your country or covered area of your carrier), if the data connection is active and you use the App while roaming, it can and will result in even higher charges, often regardless of regular unlimited mobile data plans. We are in no way responsible or liable, for any or all charges you receive from your mobile phone carrier, by using the App. You are hereby warned that the App is intended for use with your own mobile phone carrier in which you subscribed to the service. The App makes no warranty regarding correct operation whilst your device is connected to other carriers. 

 

5. Purchases 

Mobile ticketing: The App allows you to acquire and use tickets from different organisers of events who offer the possibility to deliver tickets to the App, e.g. to attend concerts, festivals, expositions and other events. 

 Authorised acquirers and purchasers: The acquisition and purchase of tickets are authorised to Account holders only. For underage users and children, the acquisition and purchase of tickets is subject to the prior consent of the relevant legal representative(s), which is deemed duly obtained. We recommend such legal representative(s) to consult, configure and modify the settings of any electronic device making use of the App or to use technical safeguards to limit the acquisition and purchase of tickets. We also recommend legal representative(s) watch and monitor their children’s Account in particular any unexpected use of it (for more information see http://www.oecd.org/sti/ieconomy/protecting-children-online.htm. 

 Financial Conditions: The license to use the App as provided under these terms is free of charge for the end user.  

 Price and availability of tickets: Price and availability of tickets is subject to the terms and conditions of the relevant organiser of the event. Each organiser of events may modify and change its terms and conditions without prior notice, in particular the availability of tickets through the App. Any exchange, reimbursement, revocation or cancellation of any acquired ticket through the App is subject to our terms and conditions which can be found here. 

 Acquisition and transfer: The acquisition or transfer of a ticket takes place on once payment has been executed and you have provided us with your or another user’s (e.g. from a friend or relative) Account information for receipt of the ticket (“Ticket Transaction”). 

 Tickets activation: A few hours or minutes before the applicable event, your ticket will be activated and will be displaying information in order for you to attend the event and enter the event venue. 

 Entrance to event venue: You will be authorised to enter the applicable event venue provided (i) you have duly retrieved and displayed the ticket through the App; (ii) you complied with these terms and the terms and conditions of any event organsier; and (iii) your compliance with the venue regulations.  

 6. Ticket Transfer 

We allow you to transfer to your friends and/or relatives any tickets acquired or purchased through us, subject to these terms. You are authorised to transfer your ticket provided that: (i) you attend the event together with your friend(s) and/or relative(s); (ii) the tickets are for your private and non-commercial use only; (iii) your friend(s) and/or relative(s) has/have downloaded and installed the App; (iv) your friend(s) and/or relative(s) is/are holder(s) of an Account on the App; (v) you have executed such transfer free of any extra charge or consideration over and above the face value of the ticket; and (vi) your friend(s) and/or relative(s) has/have also accepted these terms.  

7. Representations and Warranties of the End-User 

Subject and without prejudice to any of these terms, you represent and warrant (i) to use your Account and the App for the purposes of completion of a Ticket Transaction in a private and non-commercial fashion only; (ii) not to breach, or cause a third party to breach any applicable law or regulation; (iii) not to use your Account or the App for any unlawful purpose; (iv) not to infringe any intellectual property right, or other proprietary right or right of publicity or privacy; (v) not to include incomplete, false or inaccurate information about yourself or any information about any other individual, company or legal entity. 

8. Your device app store terms also apply 

The ways in which you can use the App may also be controlled by the rules and policies of your device operating system, these rules and policies will apply instead of these terms where there are differences between the two. The device operators rules and policies can be found below for each approved operating system supplier: 

Google terms: 

Terms of use:https://play.google.com/intl/en-GB_uk/about/play-terms/index.html 

Privacy: https://policies.google.com/privacy 

 

Apple App Store Terms: 

Terms of use: https://www.apple.com/legal/internet-services/terms/site.html 

Privacy: https://www.apple.com/legal/privacy/ 

 

9. Operating system requirements 

This is compatible with Android and iOS mobile devices operating the versions as detailed below: 

Android: 

System Version: 6.0 or newer 

Storage: 60mb 

Content Rating: PEGI 3 

Permissions: View Details 

 

iOS: 

System Version: iOS 12.0 or newer 

Storage: 90mb 

Age Rating: 4+ 

Permission: View Details.  

10. Support for the App and how to tell us about problems 

Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://www.tixngo.io/how-to/   

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please contact our customer services team Via our enquiry form at https://expoware.io/cs-online-email-form  

How we will communicate with you. If we have to contact you we will do so by email, by phone using the contact details you have provided to us during your purchase of tickets or the details entered on our online enquiry form. 

11. 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: 

• download a copy of the App onto an Android operated mobile device that is running the version of the app as set out in 5. You may view, use and display the App and the Service on such devices for your personal purposes only. 
• you cannot make a copy of the App for back-up purposes; and 
• 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. 

12.You may not transfer the App to someone else 

We are giving you personally the right to use the App and the Service as set out at 7 above. You may not otherwise transfer the App or the Service 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. 

13. Changes to these terms 

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.  

We will give you at least 30 days’ notice of any material change by sending you an Email with details of the change.  

If you do not consent to the notified changes you should uninstall the App. 

14. Update to the App and changes to the Service 

From time to time, we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.  

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.  

The App will always work with the current or previous supported versions of the operating system (as it may be updated from time to time) and match the description of it provided to you when you bought it. 

15. 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.  

16. We may collect technical data about your device 

By using the App or any of the Services, 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. 

17. We may collect location data (but you can turn location services off) 

Certain Services 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 turn on location 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 and road traffic-based products and services.  

You may stop us collecting such data at any time by turning off the location services settings on your device by following your device operating systems instructions, please consult the help pages for your device on how to do this. 

18. We are not responsible for other websites you link to 

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).  

You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.  

19. Licence restrictions 

You agree that you will: 

• not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us; 
• not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security; 
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms; 

• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities: 
• is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and 
• is not used to create any software that is substantially similar in its expression to the App; 
• is kept secure; and 
• is used only for the Permitted Objective; 

• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

20. Acceptable use restrictions 

You must:  

• not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system; 
• not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms); 

• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service; 
• not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and 
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

21. Intellectual property rights 

All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms. 

22. Our responsibility for loss or damage suffered by you 

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill , but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen. 

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. 

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. 

We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, 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 or the Service. 

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site) meet your requirements. 

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services 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  but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received. 

23. We may end your rights to use the App and the Services if you break these terms 

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so. 

If we end your rights to use the App and Services: 

• You must stop all activities authorised by these terms, including your use of the App and any Services. 
• You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this. 
• We may remotely access your devices and remove the App from them and cease providing you with access to the Services. 

24. We may transfer this agreement to someone else 

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.  

25. You need our consent to transfer your rights to someone else 

You may only transfer your rights or your obligations under these terms to another person if we agree in writing. 

26. No rights for third parties 

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. 

27. If a court finds part of this contract illegal, the rest will continue in force 

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. 

28. Even if we delay in enforcing this contract, we can still enforce it later 

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. 

29. Which laws apply to this contract and where you may bring legal proceedings 

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.