Terms & Conditions

1.1. USER AGREEMENT

1.1 FunTicket Inc (“FunTicket“, “we“, “us“, or “our“) provides an online platform and related services (“Services”) for sellers to sell tickets and buyers to buy tickets, related passes or other related terms for events (“Tickets”) and we may make such Services available via one or more of our website, our phoneline and/or associated methods (collectively, the “Site”). By accessing or using our Site, you agree to be bound by this FunTicket user agreement (“User Agreement”). This User Agreement shall govern your use of our Site, including all pages within this Site. Our User Privacy Notice is incorporated by reference into this User Agreement. We may periodically make changes to this User Agreement and shall notify you by posting a revised version on our Site, emailing you at your registered email address and/or otherwise notifying you via our Site. The revised User Agreement will become effective thirty (30) days following such notice and your continued use of our Site and Services will constitute acceptance of the revised User Agreement.

1.2 This Site is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Site if you are a minor.

1.3 PLEASE BE ADVISED: CLAUSE 14 OF THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT-OUT. UNLESS YOU OPT OUT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

2. CONTRACTING ENTITY

If you sell Tickets to us you are contracting with FunTicket Inc, 645 W 9th Street 110-187, Los Angeles, CA 90015.

3. FunTicket TRANSFERS

3.1 FunTicket is a ticketing service that allows users to sell (“Seller”, “you”) Tickets (a “FunTicket Transfer”). The Payment shall be determined by the amount FunTicket sells the tickets for (“Market Price”). The Payment shall be equal to [(1- Commission) * (Market Price). Payment shall initiate the first Tuesday after the date of the event and take up to 3 business days to arrive in the Seller’s bank account.

3.2 Seller initiates the FunTicket Transfer by completing each of the following (i) clicking “List” and then “Confirm” on an event in their FunTicket dashboard at app.FunTicket.com or iOS mobile application (ii) transferring the Tickets for that event to FunTicket by email, electronic transfer, or if Seller has provided to FunTicket the accurate email address and password to Seller’s team account. Once Seller has initiated the FunTicket Transfer, FunTicket shall own and sell the Tickets.

3.3 After FunTicket sells the Tickets, FunTicket will pay the Seller in accordance with the terms the Seller and FunTicket agreed upon (the “Payment”). Seller will receive payment through Electronic Bank Transfer (ACH). If you register to create an account to receive payments via our application, you expressly authorize FunTicket’s service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You must be at least 13 years old and obtain parental permission if under 18 to receive funds. You authorize us to collect and share with Dwolla your personal information, including full name, email address, and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available here.”

3.4 Seller acknowledges that it is familiar with and shall comply with all applicable laws, regulations, Restrictions and the terms of this User Agreement when transferring Tickets and otherwise using the Site and our Services. “Restrictions” shall mean each of the following: (i) the constitution, by-laws, agreements, and other rules, regulations and restrictions of the National Basketball Association (“NBA”), Major League Baseball (“MLB”), National Hockey League (“NHL”), National Football League (“NFL”), National Collegiate Athletic Association (“NCAA”), Major League Soccer (“MLS”), English Premier League (“EPL”), Atlantic Coast Conference (“ACC”), Hockey East Association (“Hockey East”) and any other association, concert promoter, theatre, league, conference, team, college or school or other organization that hosts or manages events (each, an “Association”) as they currently exist, and as they may be amended, modified or otherwise supplemented from time to time; (ii) any action taken by the commissioner of any Association, or any other person having authority delegated by the commissioner of any Association pursuant to any document, contract, policy, rule, regulation or restriction referred to in clause (i) or (ii) of this definition; and (iii) all bona fide rights, policies, or other restrictions or limitations contained in agreements between us, and/or you, and/or any entity(ies) which purchase, re-sell or otherwise transfer Tickets.

3.5 Seller further agrees that FunTicket is not responsible for any repercussions that arise from Seller’s failure to comply with any applicable Restrictions.

3.6 By accepting our offer with respect to a Ticket, the Seller is making a binding contract to sell that Ticket to FunTicket. Seller is contractually bound to deliver that exact Ticket within the required delivery timeframe (1 hour of requesting to list the tickets). Seller is obligated to ensure all seat information are accurate. Failure to comply with the above may lead to additional charges as stated in this User Agreement, or as determined in connection with our standard policies

3.7 Notwithstanding Section 3.3 above, in the event Seller decides Seller wants the transferred Tickets returned and FunTicket has not, at the time of receiving notice from Seller, sold or agreed to sell the Tickets, FunTicket will transfer the Tickets back to Seller [within one (1) business day of receiving such notice]. In the event Seller decides Seller wants the Tickets back and FunTicket has sold the Tickets, FunTicket will use commercially reasonable efforts to find comparable seats at a comparable price, if we are able to find comparable tickets, we will offer them to you.

4. PRIVACY AND COMMUNICATIONS

4.1 All communications between you and FunTicket (including our service providers or our affiliates) are subject to our User Privacy Notice.

4.2 In addition, if you reside in the United States, you understand and agree that we may, without further notice or warning and in our discretion, monitor or record communication you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. Not all telephone lines or calls may be recorded by FunTicket so we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

5. FEES AND OTHER CHARGES

5.1 FunTicket charges commission for selling and Tickets through our Site and/or otherwise using our Services, (collectively referred to as “Commission“). The Commission may vary depending on event type, Ticket type and location. FunTicket may in its sole and absolute discretion change its Commission at any time. Any applicable fees including any taxes if applicable will be disclosed to you prior to transferring a Ticket. FunTicket may charge and/or retain Service Fees if you do not fulfil your contractual obligations under this User Agreement.

5.2 If you as a Seller do not fulfil your contractual obligations under this User Agreement, FunTicket may charge you certain fees and/or costs in accordance with our standard policies.

5.3 We may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. FunTicket, or the collection agency it retains, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information FunTicket reported to a credit bureau, please contact FunTicket. If you wish to dispute the information a collection agency reported, contact the collection agency directly.

6. TAXES

5.1 FunTicket charges commission for selling and Tickets through our Site and/or otherwise using our Services, (collectively referred to as “Commission“). The Commission may vary depending on event type, Ticket type and location. FunTicket may in its sole and absolute discretion change its Commission at any time. Any applicable fees including any taxes if applicable will be disclosed to you prior to transferring a Ticket. FunTicket may charge and/or retain Service Fees if you do not fulfil your contractual obligations under this User Agreement.

5.2 If you as a Seller do not fulfil your contractual obligations under this User Agreement, FunTicket may charge you certain fees and/or costs in accordance with our standard policies.

5.3 We may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. FunTicket, or the collection agency it retains, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information FunTicket reported to a credit bureau, please contact FunTicket. If you wish to dispute the information a collection agency reported, contact the collection agency directly.

7. TERM AND TERMINATION

7.1 This User Agreement shall commence on the date that you access our Site and will continue for an indefinite period unless terminated in accordance with these provisions.

7.2 You may terminate this User Agreement at any time by contacting sales@FunTicket.com. Without limiting our rights according to Clause 14, we may terminate this User Agreement at any time by giving at least thirty (30) days’ notice via email to your registered email address.

7.3 Termination of this User Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.