LIVE IT Group Terms of Service
This document is part of a set forming our Terms and Conditions.
- 1. Who We Are.
- 2. Our Terms Of Service.
- 3. Your Acceptance of these Terms of Service.
- 4. Term and Termination.
- 5. Important Legal Terms Governing All Use Of The Services.
- 5.1. Indemnification.
- 5.2. Disclaimer of Warranties.
- 5.3. Limitation of Liability.
- 5.4. Release.
- 5.5. Trademarks.
- 5.6. Copyrights.
- 5.7. Notices.
- 5.8. Entire Agreement.
- 5.9. Choice of Law.
- 5.10. BINDING ARBITRATION.
- 5.11. Waiver; Invalid Provisions.
- 5.12. Judicial Forum.
- 5.13. Titles.
- 5.14. Violations.
- 5.15. Assignment.
- 5.16. Relationship.
1. Who We Are.
1.1. LIVE IT Group.
LIVE IT Group Ltd – also trading as BOOKITBEE (Registered in England, number 08432364 at 3 Enterprise Centre, Rogues Hill, Penshurst TN11 8BG. VAT number 177550680.) allows users to setup an online event ticketing and registration service to then promote, share and sell tickets to their event(s). The payment of event tickets are processed via Stripe, PayPal or LIVE IT Group Ltd Payment Gateway. LIVE IT Group Ltd is NOT an Event Organiser, is not Associated with any Event Organiser, does not represent any Event Organiser, is NOT a Reseller for any Event Organiser or Events listed on bookitbee.com / liveit.io and is not responsible for the Events listed on the LIVE IT Group Ltd Service. All enquiries regarding any Events listed on bookitbee.com / liveit.io should be directed to the Event Organiser.
1.2. The Services.
LIVE IT Group’s websites and domains, including www.liveit.io and www.bookitbee.com and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), and all of our free mobile applications, are offered, maintained and provided by LIVE IT Group. We refer to all of these as our “Services.”
Through the Services, LIVE IT Group provides a simple and quick system for registered users who are event organisers, planners and authorised sellers (“Organisers”) to create event registration and ticketing page related to their events, to promote those pages and events to visitors or browsers on the Services and to sell tickets and registrations (or issue free registrations), solicit donations and sell merchandise related to those events to users who wish to make purchases, registrations or donations from or to such events (including to free events) (“Attendees”). We refer to Organisers, Attendees and other visitors and browsers of the Services collectively as “Users” or “you.”
1.4. Contracting Party.
The Services are being provided to you by, and you are entering into these Terms of Service with, LIVE IT Group Ltd, with its principal place of business at Unit 3, Enterprise Center, Penshurst, TN11 8BG, United Kingdom. For purposes of these Terms of Service, LIVE IT Group Ltd, shall be referred to as “LIVE IT Group,” “us,” “we” or “our.”
2. Our Terms Of Service.
2.1. Terms of Service Agreement.
The following pages contain our Terms of Service Agreement (“Terms of Service”). These Terms of Service govern all of our Services, all of which are offered subject to your acceptance without modification of these Terms of Service. Our Terms of Service comprise of:
- LIVE IT Group Terms of Service
- LIVE IT Group's Organiser Refund Policy Requirements
- LIVE IT Group Merchant Agreement
3. Your Acceptance of these Terms of Service.
3.1. Binding Agreement.
You agree to these Terms of Service and you enter into a binding contract with LIVE IT Group either when you sign up for a registered account by clicking “Sign Up,” “Register Now,” “Get Started” or similar buttons, or if you are an unregistered Attendee, when you purchase a ticket to or register for an event (including free events) or purchase merchandise, a service or make a donation related to an event, in each case by clicking “Pay Now,” “Register Now,” “Buy Now” or similar buttons, or in accordance with Section 3.2 below. If you are not a registered user or an unregistered Attendee, you agree to these Terms of Service and you enter into a binding contract with LIVE IT Group by downloading Applications or using, accessing or browsing any part of the Services or receive payment through a third party payment gateway, such as but not exclusive to Stripe and PayPal, that is connected to the Services. If you do not agree to any portion of these Terms of Service, do not use or access the Services. If you will be using the Services on behalf of an entity, you agree to these Terms of Service on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity. If you do not have such authority, or if you do not agree to any portion of these Terms of Service, do not use or access the Services.
THESE TERMS OF SERVICE INCLUDE
(A) AN ARBITRATION PROVISION FOR USERS LOCATED IN THE UNITED KINGDOM;
(B) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST LIVE IT Group FOR USERS LOCATED IN THE UNITED STATES;
(C) CERTAIN DISCLAIMERS OF WARRANTIES ON BEHALF OF LIVE IT Group;
(D) CERTAIN LIMITATIONS OF LIABILITY FOR THE BENEFIT OF LIVE IT Group; AND
(E) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST LIVE IT Group ARISING OUT OF DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES. BY USING ANY OF THE SERVICES, YOU AGREE TO THESE PROVISIONS.
Except to the extent set forth in Section 5.10 “Binding Arbitration” below, LIVE IT Group reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these Terms of Service (or any of the agreements that make up these Terms of Service) at any time (collectively, “Modifications”). Modifications to these Terms of Service will be posted to the LIVE IT Group website with a change to the "Updated” date at the top of these Terms of Service. In certain circumstances LIVE IT Group may provide you with additional notice of such Modifications, via email or with in-Service notifications. Modifications will be effective thirty (30) days following the "Updated” date or such other date as communicated in any other notice to you, except that changes addressing new functions of the Services or which do not impose any additional burdens or obligations on you will be effective immediately. It is your responsibility to check these Terms of Service periodically for Modifications. Your continued use of the Services following the effectiveness of any Modifications to these Terms of Service constitutes acceptance of those Modifications as well. If any Modification to these Terms of Service is not acceptable to you, you must cease accessing, browsing and otherwise using the Services. Other than as set forth in this paragraph, these Terms of Service may only be modified through a written Ticketing Services Agreement or written Addendum Agreement, signed by you and an authorized officer of LIVE IT Group.
4. Term and Termination.
These Terms of Service are effective upon your Acceptance as set forth under Section 3.1 above and continue in effect until terminated.
4.2. Termination by LIVE IT Group.
Except to the extent we have agreed otherwise in a separate written Addendum Agreement or Ticketing Services Agreement between you and an authorized officer of LIVE IT Group, LIVE IT Group may terminate your right to use the Services at any time for
(a) your violation or breach of these Terms of Service;
(b) your misuse or abuse of the Services; or
(c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose LIVE IT Group to legal liability. We will use reasonable efforts to provide you notice of any such termination. Further, you agree that LIVE IT Group shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Services.
4.3. Termination by You.
Except to the extent you have agreed otherwise in a separate written Addendum Agreement or Ticketing Services Agreement between you and an authorized officer of LIVE IT Group, you may terminate your access to the Services and these Terms of Service by emailing email@example.com from your account registered email and informing us that you want to terminate your account. In the event there is a separate agreement between you and LIVE IT Group governing your use of the Services and that agreement terminates or expires, these Terms of Service (as unmodified by such agreement) shall govern your use of the Services unless and until you email firstname.lastname@example.org from your account registered email and inform us that you want to terminate your account.
4.4. Survival of Terms.
All provisions of these Terms of Service that by their nature should survive termination of these Terms of Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
5. Important Legal Terms Governing All Use Of The Services.
You agree to defend, indemnify and hold LIVE IT Group, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable lawyers’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) due to or arising out of:
(b) your improper use of the Services;
(c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; or
(d) in the case of Organisers, your events or the fact that LIVE IT Group was providing Services with respect to those events, provided that in the case of (d), this indemnification shall not apply to the extent that the Claim arises out of LIVE IT Group’s gross negligence or willful misconduct. LIVE IT Group shall provide notice to you of any such Claim, provided that the failure or delay by LIVE IT Group in providing such notice shall not limit your obligations hereunder except to the extent you are materially disadvantaged by such failure.
5.2. Disclaimer of Warranties.
LIVE IT Group provides our services using a commercially reasonable level of skill and care and we try to keep LIVE IT Group up, bug-free and safe. but there are certain things that we don’t promise about our services and you use the services at your own risk. To the extent permitted by applicable laws, the services are provided on an “as is” and “as available” basis. LIVE IT Group hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. by way of example, LIVE IT Group makes no warranty that:
(a) the services (or any portion of the services) will meet your requirements or expectations;
(b) the services will be uninterrupted, timely, secure, or error-free; or
(c) the results that may be obtained from the use of the services will be accurate or reliable.
You acknowledge that LIVE IT Group has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any users’ (including attendees’, other non-organisers’ and organisers’) content or listings or the ability of any user (including attendees and organisers) to perform or actually complete a transaction and LIVE IT Group is not affiliated with, and has no agency or employment relationship with, any third party service provider used in conjunction with the services, and LIVE IT Group has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any such third parties. Nothing in these terms of service is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
5.3. Limitation of Liability.
(a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if LIVE IT Group has been advised of the possibility of such damages),
(b) the cost of procurement of substitute services,
(d) any matters beyond live it group’s reasonable control.
(i) for organisers of events with paid tickets or registrations, and subject to the terms of the merchant agreement, the fees (net of LIVE IT Group payment processing fees) that you paid us in the three (3) month period immediately preceding the circumstances giving rise to your claim; and
Nothing in these terms of service is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
LIVE IT Group provides a marketplace in which Attendees and Organisers can transact. However, LIVE IT Group could not function if it were held responsible for the actions or inactions of different Attendees, Organisers and/or third parties both on and off the Services. Therefore, as an inducement to LIVE IT Group permitting you to access and use the Services, you hereby agree to release LIVE IT Group, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
The trademarks, service marks and logos of LIVE IT Group (the “LIVE IT Group Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of LIVE IT Group. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively with LIVE IT Group Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of LIVE IT Group specific for each such use. The Trademarks may not be used to disparage LIVE IT Group, any third party or LIVE IT Group’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless LIVE IT Group approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any LIVE IT Group Trademark shall inure to LIVE IT Group’s benefit.
Notices to you may be sent via either email or regular mail to the address in LIVE IT Group’s records. The Services may also provide notices of changes to these Terms of Service or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact LIVE IT Group or deliver any notice, you can do so as follows:
LIVE IT Group Ltd
Attn: Legal Department
5.8. Entire Agreement.
5.9. Choice of Law.
Except as set forth in Section 5.10 below, these Terms of Service and the provision of the Services to you are governed by the laws of England and Wales, without reference to principles of conflict of laws.
5.10. BINDING ARBITRATION.
5.10.1. Contact Us First.
If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.
5.10.2. Agreement to Arbitrate.
In the unlikely event that our customer support team is unable to resolve your concerns, we each hereby agree to resolve any and all disputes or claims under these Terms of Service or with respect to the Services through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction and only on an individual basis and not as part of any purported class, consolidated or representative proceeding. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief as a court. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any court or agency, shall have the authority to resolve any dispute or claim relating to this Section, including, without limitation, the scope, enforceability and arbitrability of these Terms of Service. This arbitration provision shall survive termination of these Terms of Service. These Terms of Service evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 5.10 is governed by the Arbitration Act 1996 of England and Wales, notwithstanding the choice of law set forth in Section 5.9 above.
5.10.3. Scope of Agreement.
This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
(i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms of Service and/or your use of the Services.
Notwithstanding this Agreement to arbitrate, either party may
(i) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies),
(ii) bring issues to the attention of federal, state or local agencies and
5.10.5. Notice of Dispute.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to LIVE IT Group must be addressed to the address in Section 5.7 above (“Notice Address”) and must be sent by registered mail. The Notice to you must be addressed to a mailing, home or payment address currently on record with LIVE IT Group and must be sent by registered mail. If LIVE IT Group has no records of such physical address, such notice may be delivered to your LIVE IT Group account email address. The Notice must
(i) describe the nature and basis of the claim or dispute; and
(ii) set forth the specific relief sought. If LIVE IT Group and you do not reach an agreement to resolve the claim within thirty (30) calendar days after the Notice is received, you or LIVE IT Group may commence an arbitration proceeding.
5.10.6. Arbitration Proceedings.
The arbitration will be governed by the The London Court of International Arbitration (LCIA), as modified by this Section 5.10, and will be administered by the LCIA and settled by a single arbitrator. The LCIA Rules are available online at www.lcia.org. The arbitrator is bound by the terms of these Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Section 5.10. Unless LIVE IT Group and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in London, United Kingdom for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, LCIA shall determine the location. If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the LCIA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the LCIA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator shall be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.
5.10.7. Costs of Arbitration; Legal Fees.
188.8.131.52 Payment of all filing, administration, and arbitrator costs and expenses imposed by LCIA will be governed by the LCIA rules, provided that if you are initiating an arbitration against LIVE IT Group and the value of the relief sought is ten thousand dollars ($10,000) or less, then LIVE IT Group will advance all filing, administrative and arbitration costs and expenses imposed by LCIA (subject to reimbursement as set forth below). If the circumstances in the preceding sentence apply, but the value of relief sought is more than ten thousand dollars ($10,000) and you demonstrate to the arbitrator that such costs and expenses would be prohibitively more expensive than a court proceeding, then LIVE IT Group will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent the arbitration from being prohibitively more expensive than a court proceeding (subject to reimbursement as set forth below). In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous, you agree to reimburse LIVE IT Group for all such cost and expenses that LIVE IT Group paid and that you would have been obligated to pay under the LCIA rules.
184.108.40.206 Just as in any court proceeding, each party will initially bear its own lawyers’ fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party’s request, the arbitrator shall award such prevailing party the reasonable lawyers’ fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal or household use of the Services (rather than business use) LIVE IT Group will not seek to recover its lawyers’ fees and expenses in an arbitration initiated by you. The arbitrator may make rulings and resolve disputes as to the reimbursement of lawyers’ fees and expenses upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
5.10.8. Future Changes.
Notwithstanding any provision in these Terms of Service to the contrary, you and LIVE IT Group agree that if LIVE IT Group makes any future change to this arbitration provision (other than a change to the Notice Address) LIVE IT Group will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.
5.11. Waiver; Invalid Provisions.
The failure or delay of LIVE IT Group to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of these Terms of Service is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect.
5.12. Judicial Forum.
In the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or for any other reason, then any dispute or claim not subject to arbitration shall be resolved exclusively by a court located in England and Wales. Both you and LIVE IT Group agree to submit to the personal jurisdiction and venue of such courts and agree that such forum is convenient.
Any Section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please report any violations of these Terms of Service by email.
We may, without your consent or approval, freely assign these Terms of Service and our rights and obligations under these Terms of Service, whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.