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Customer Terms of Service

LAST UPDATED  9 NOVEMBER 2020

ABOUT US

We are Pollen (which is the trading name of StreetTeam Software Limited, a limited liability company with registered number 09750608 and with its registered office at 3 Loughborough Street, SE11 5RB, London) and together with its subsidiaries, affiliates, successors or assigns (collectively referred to as Pollen, we, us, our).

We own the Pollen promotion network platform (Pollen Platform) which is operated through this site and its related mobile app (together, the Site).

Customer Terms of Service

These Customer Terms of Service, together with the documents referred to, including the Privacy Policy, are an agreement and govern your (Customer, You, Yourself or Your) use of the Site in order to purchase tickets, vouchers and other related services (together, Tickets) to events (Events) and other merchandise (Merchandise), all using links (Links) provided to you by any of our members (Members).

Pollen is not responsible for hosting or operating any Events – these remain the responsibility of Event organizers (Event Organizers). If you have purchased a Trip, please click here to see the additional terms of service that will apply.

Please read these Customer Terms of Service carefully before you start to use the Site. By using the Site, you indicate that you accept these Customer Terms of Service (which includes the Privacy Policy) and that you agree to abide by them.

We reserve the right to change these Customer Terms of Service from time to time. If you do not agree to be bound by these Customer Terms of Service (or any revised terms and conditions) you must immediately stop accessing the Site and otherwise stop all activity in relation to the Pollen Platform.

1.  TERMS OF SERVICE AND OUR ROLE

1.1 Each Event Organizer authorises us as its commercial agent to conclude the sale of its Tickets and Merchandise on that Event Organizer’s behalf via the Site, to promote such Tickets and Merchandise via the Site and Members, and to deliver or arrange delivery of such Tickets and Merchandise to buyers. In this limited capacity, we are neither the buyer nor the seller (or reseller) of the Tickets or Merchandise that the Event Organizer offers for sale. We are not your agent for any purpose, and we are not a party to any Ticket or the sales contract relating to the Ticket or Merchandise.

1.2 We are only responsible for operating the Pollen Platform and the Site, for managing our Members, promoting Tickets and Merchandise via the Site and Members and concluding the sale and delivery of Tickets and Merchandise.  We are not responsible for running Events, or for agreeing or performing any obligations under the terms of any Tickets or Event terms provided by Event Organisers that apply to you in relation to a specific Event (Event Terms). There may be additional Event Terms provided by Event Organizers that apply to you. In the event of any conflict between these Customer Terms of Service and any Event Terms, these Customer Terms of Service shall prevail.

1.3 The Event Organizer is the seller of record for all sales via the Site, but you pay us via the Site for any Ticket(s) and/or Merchandise that you purchase. Your obligation to pay for any Ticket and/or Merchandise is satisfied when you properly pay us for the item(s) via the Site. Because we conclude the sale on behalf of the Event Organizer and your payment to us satisfies your obligation to pay for the items you purchase from the Event Organizer, our name will appear on your payment card statement (which may also display the Event Organizer’s name). We will dispatch or arrange for the dispatch of the item(s) you have purchased after receiving our notification of your order. You may only pay for an item via the Site and the Event Organizer must not invoice you outside the Site.

1.4 You must contact us via support@pollen.co if you need to request a refund. We may in our sole discretion investigate or decline to process any transaction involving any item purchased via the Site. We do not charge you any fee for the Site, we charge Event Organisers for acting on their behalf in the limited capacity described above. Except as otherwise expressly provided in these Customer Terms of Service, we are not the agent, intermediary or other representative of the Event Organizer. We are not a fiduciary or trustee of the Event Organizers. Nothing in these Customer Terms of Service is intended to confer any benefit or entitlement on any person other than you and the Event Organiser.

2. AVAILABILITY OF THE PLATFORM

2.1 Although we endeavour to provide you with the best service possible, we do not guarantee that the Site will be uninterrupted or error-free all of the time, and we are not responsible for any losses arising from such errors or interruptions. If you notice an error, please contact us.

2.2 In particular, your access to the Site may be restricted at any time to allow for repairs, maintenance, improvement or for other reasons. We will endeavour to restore the Site's availability as soon as we reasonably can.

2.3 In the event that the Site is unavailable and you have any queries relating to new or existing Orders, please contact us on support@pollen.co

3. INTELLECTUAL PROPERTY RIGHTS

3.1 We are the owner or the licensee of all intellectual property rights in and to the Site, and in the material published on it. Those works are protected by copyright laws and treaties. All such rights are reserved to us and our licensors. As a visitor to the Site, you may download a single copy of the material for your own non-commercial, private viewing purposes only. No copying or distribution for any commercial or business use is permitted without our prior written consent.

3.2 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. In addition, you may not display the contents of the Site surrounded or framed or otherwise surrounded by material not originating from us without our consent.

3.3 Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.

3.4 If you print off, copy or download any part of the Site in breach of these Customer Terms of Service, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4. ACCEPTABLE USE

4.1 You may use the Site only for lawful purposes. You may not use the Site:

4.1.1 in any way that breaches any applicable local, national or international law or regulation;

4.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

4.1.3 for the purpose of harming or attempting to harm minors in any way;

4.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below;

4.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

4.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, 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.

4.2 You also agree not to access without authority, interfere with, damage or disrupt:

4.2.1. any part of the Site;

4.2.2. any equipment or network on which the Site is stored;

4.2.3 any software used in the provision of the Site; or

4.2.4 any equipment or network or software owned or used by any third party.

5. CHILDREN AND YOUNG PEOPLE

By accepting these Customer Terms of Service, you confirm that you are at least 16 years of age or more. Our Site is primarily aimed at users who are over the age of 18. We take no responsibility or liability for Links provided as a result of interactions with Members which relate to age-restricted Tickets or Merchandise.

6. PURCHASE OF TICKETS AND MERCHANDISE

In order to purchase Tickets or Merchandise you must have received a Link from us following an interaction with a Member. Once you have received a Link from us, you will be able to access the Site to place orders for Tickets and Merchandise (Orders). Links that have been sent to you will expire after a certain time (to be determined by us from time to time) and either we or Members may cancel such Links at any time. Links sent relate to a request for Tickets and/or Merchandise and do not reserve any such Tickets or Merchandise. The information in the Link and all sales are subject to availability, changes in price and cancellation.

Please note that after receiving a Link, clicking on the Link will take you to the Site to complete your purchase.  You will NEVER be asked to make a bank transfer – payment is always only by card.  If you suspect you have been sent a false Link, have been re-directed to a false Site, or someone has attempted to sell you fraudulent tickets, please contact support@pollen.co immediately.  You should read the terms and conditions applicable to each Event before purchasing any Tickets.  Many Events stipulate that Tickets are personalised to the name of the ticket holder and may not be:

a) sold or transferred to another person; or

b) used by any person for promotional purposes, including a prize or other reward in a competition or lottery, except with the prior written permission of the Event Organiser; or.

c) purchased by an agent on behalf of his or her principal.

Any Ticket sold for a travel package on the Site may not be sold or transferred to another person.

If a Ticket has been obtained in breach of an Event Organizer’s terms and conditions, any person presenting such Ticket may be refused entrance to, or removed without notice from the Event in question, or the Ticket may be confiscated.  In such circumstances, there shall be no obligation on us to refund any monies paid for such Ticket.

The following section 6.1 relates to the purchase of Tickets using the Site. Depending on the Event to which such Tickets relate, the Event Organiser may have their own Event Terms relating to purchase, delivery, re-sale and refunds, or if applicable, purchases may be made via a third-party ticket seller. If applicable, please read such additional Event Terms carefully.

6.1 Purchase of Tickets

6.1.1 Your submission of an Order for Tickets amounts to an offer to enter into a contract to buy the Ticket(s) from the Event Organizer via the Site on the basis of the Terms of Service and any applicable Event Terms; you cannot then withdraw or cancel your Order except as specifically stated in these Terms of Service. No Order is accepted by us until we send you an email confirming that your Order has been accepted.

6.1.2 You understand that, as your purchase of Tickets relates to an Event on a specified date or within a specified period of time, you are not statutorily entitled to cancel your Order and, as such, once your Order has been accepted by us in accordance with section 6.1.1, you will not be able to cancel it and/or obtain a refund.

6.1.3 We may reject your Order for any reason prior to our acceptance of it. If we reject your order after payment has already been taken, we will immediately provide you with a refund.

6.1.4 Any deposits you pay to us are non-refundable. If you choose not to finalise your purchase and pay any outstanding amounts, you forfeit your deposit and will not be entitled to receive any Tickets.

6.1.5 Purchase of Physical Tickets

a) As between you and us, this section 6.1.5 applies to physical Tickets and vouchers or Event-related Sites (Physical Tickets) you purchase using the Site.

b) If applicable, you may opt to have Physical Tickets sent to you by post or, in certain circumstances you may be able to collect them from a box office, details of which will be provided at checkout.

c) Where you have opted to have Physical Tickets sent to you by post, we will send you an email confirming that Physical Tickets have been dispatched (a Dispatch Confirmation). Please note that this may not be until nearer the Event date.

d) Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no date is specified, then within 30 days of the Dispatch Confirmation.

e) Physical Tickets purchased will be at your risk from the time of delivery to you or a person nominated by you to receive the Physical Tickets on your behalf.

6.1.6 Purchase of E-Tickets

a) As between you and us, this section applies to electronic Tickets and vouchers or Event-related Sites for electronic delivery (e-Tickets) you purchase using the Site.

b) Once your Order has been accepted you will receive an email from us containing instructions as to how to access your e-Ticket.

c) We are only able to modify details on an e-Ticket(s) within a certain timeframe, details of which will be provided in our acceptance of your Order.

d) You are able to download each e-Ticket file as many times as you like. You may export, burn (if applicable) or copy products (where permitted) solely for personal non-commercial use. You may not transfer, distribute, resell, upload or otherwise deal with e-Tickets, save as expressly permitted under these Terms of Service.

6.1.7 The price (and currency) of Tickets is as quoted on the Link from time to time (the Price). The Price stated includes applicable taxes, for example VAT or sales tax. Delivery charges (where applicable) will be displayed at checkout.

6.1.8 You authorise us and our third party payment provider(s) as we may choose to engage from time to time to take payments and/or charge your payment card for the relevant amounts that you agree to pay at checkout for each purchase, by continuous payment authority. If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future Orders in order to help prevent any interruption to the Site. If you would prefer to opt out from this service, please contact us. You may revoke your continuous payment authority by the end of the business day before the agreed date for the day on which payment is due to be made by informing your payment service provider or us. But where you inform your payment service provider of your withdrawal of consent you should also give us notice because your withdrawal of consent will not affect any continuing obligation to pay us that you may have, in which case you would need to pay us with an alternative card or other payment method acceptable to us.

6.1.9 Upon placing an Order, a transaction may be sent to your bank to authorise or re-authorise it and prevent fraud. This transaction will either be for a zero value, or for a payment of £1 or less which will be taken and then immediately voided. It is possible that your bank may temporarily register this charge on your account balance. You agree not to hold us responsible for banking charges incurred due to payments on your account.

6.2 Purchase of Merchandise

6.2.1 As between you and us, this section 6.2 applies to merchandise (Merchandise) you purchase using the Site. The price (and currency) of Merchandise is as quoted on the Site from time to time, and includes VAT. Delivery charges (where applicable) will be displayed at checkout.

6.2.2 Your submission of an Order for Merchandise amounts to an offer to enter into a contract to buy the Merchandise from the Event Organizer via the Site on the basis of the Terms of Service and any applicable Event Terms; you cannot then withdraw or cancel your Order except as specifically stated in these Terms of Service. No Order is accepted by us until we send you an email confirming that your Order has been accepted.

6.2.3 We may reject your Order for any reason prior to our acceptance of it. If we reject your order after payment has already been taken, we will immediately provide you with a refund.

6.2.4 Any deposits you pay to us are non-refundable. If you choose not to finalise your purchase and pay any outstanding amounts, you forfeit your deposit and will not be entitled to receive any Merchandise.

6.2.5 You may opt to have Merchandise sent to you by post or, in certain circumstances you may be able to collect them from an Event (or other specified location), details of which will be provided at checkout. Where you have opted to have Merchandise sent to you by post, we will send you an email confirming that Merchandise has been dispatched (a Dispatch Confirmation).

6.2.6 Your Order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no date is specified, then within 30 days of the Dispatch Confirmation.

6.2.7 Merchandise purchased will be at your risk from the time of delivery to you or a person nominated by you to receive the Merchandise on your behalf.

6.2.8 You may cancel a purchase of Merchandise any time within 14 days beginning on the day after you receive the Merchandise by  emailing us at support@pollen.co.

6.2.9 Please return the Merchandise to us immediately in the same condition you received it. We will provide you with a refund within 14 days of our receipt of the returned Merchandise made to the bank account you used to make the purchase. If the Merchandise is damaged or we reasonably believe that you have tampered with it we may deduct an amount from any refund due to you, up to a maximum of the full value of the Merchandise.

6.2.10 Please note that this right to cancel does not apply to Tickets.

7. INFORMATION

While we take every care to ensure that the information on the Site is accurate and complete, some of it, including (but not limited to) information about Events and Merchandise, is supplied to us by third parties and we are unable to check its accuracy or completeness. You are advised to verify the accuracy of any information before relying on it.

8. LINKS FROM THE SITE

Where the Site contains links to other sites and resources provided by third parties 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.

9. COMPETITIONS AND VOTES

From time to time, we (or selected third parties) may include votes, competitions, promotions or other offers via the Site. Each such offer shall be subject to its own express terms and may not be available in all jurisdictions.

10. ACCESS CHARGES

You shall (at your own cost) be solely responsible for the provision of all equipment, software, systems and telecommunications facilities which are required to enable you to receive and access the Site.

11. VARIATION

We may revise these Terms of Service at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms of Service may also be superseded by provisions or notices published elsewhere on the Site.

12. INDEMNITY

You agree to indemnify us and our affiliates and our respective directors, officers, employees and agents, as well as their licensors and suppliers, from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of:

12.1 any misrepresentation, act or omission made by you in connection with your use of the Site;

12.2 any non-compliance by you with these Terms of Service; or

12.3 any claims brought by third parties arising from or related to your access or use of the Site or other information made available by you to the Site.

13. LIABILITY

13.1 In respect of all aspects of the Site other than our supply of Tickets (and subject to the other provisions of this section 13), we and our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site.

13.2 In any event, our liability to you in relation to any breach by us of these Terms of Service in relation to Tickets shall be limited to an amount equal to the Price of the Ticket to which the breach relates.

13.3 Nothing in these Terms of Service shall in any way limit our liability for:

13.3.1 death or personal injury caused by our negligence;

13.3.2 fraud or fraudulent misrepresentation; or

13.3.3 any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

14. JURISDICTION AND APPLICABLE LAW

14.1 These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

14.2 The courts of England and Wales will have exclusive jurisdiction over any claim arising from, or related to, visits to or use of the Site.