Terms and Conditions
1.1Go Lyv was founded by innovation-driven driven entrepreneurs with the aim of streamlining the entire Event booking process, helping Organisers promote Events at a low cost whilst helping Patrons find the Events that best suit their interests. We do this by hosting and maintaining the Platform which allows Venues and Promoters to upload Listings quickly easily and by implementing state of the art ultrasonic, contactless verification technology to book guests in at Event Locations (Services).
1.2These Terms constitute a contract between all users of the Platform and/or our Services (“you”) and Go Lyv. Your use of our Platform is subject to these Terms and by using the Platform you agree to be bound by them. If you do not agree to these Terms, you must not use our Platform.
1.3If you are under the age of 18 you are not eligible to enter into binding legal contracts so please do not try to Book Events on Our Platform.
1.4In some areas you will have different rights under these Terms depending on whether you are a Business or a Consumer. You are a Consumer if:
- you are an individual; and
- you are ordering Services from us wholly or mainly for your personal use (not for use in connection with a Business).
1.5To avoid any confusion provisions specific to Businesses only are in bold.
1.6If you are a Business these terms constitute the entire agreement between us in relation to the Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
Booking means the Patron’s order for tickets to an Event with an Organiser submitted following the step by step process set out on the Platform or as otherwise agreed between the parties (‘Book’ and ‘Booked’ shall be construed accordingly).
Business means a commercial entity that is purchasing or otherwise using the Services in connection with a trade, craft or profession.
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
Contract means an agreement to supply Event Services between the Patron, the Organiser and Go Lyv, subject to these Terms.
Distance Contract means a contract concluded between a Business and a Consumer under an organised distance sales or service- provision scheme without the simultaneous physical presence of the Business and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the Contract is concluded. Event means any live event detailed in a Listing and booked through the Platform by a Patron whether attendance is digital or in person.
Event Location means any venue or location where an Event is held.
Event Services means all services provided by the Organiser directly to the Patron, subject to these Terms.
Fee means any and all charges invoiced by Go Lyv to Patrons in return for the Services, including Booking Fees (as defined in Clause 6.1).
Go Lyv/ ‘we’ ‘us’ ‘our’ means the company that provides the Services and runs this Platform being Go Lyv with UK company registration number: 09177457 having its registered office at 86-90 Paul Street, The Hoxton Mix Ltd, London, England, EC2A 4NE.
Insurance Policies means adequate insurance, including but not limited to public liability insurance coverage taken out with a reputable insurance provider by any Organiser in respect of any Listing they have uploaded to the Platform. Listing(s) means any listing for an Event uploaded to the Platform by an Organiser (‘List’ and ‘Listed’ shall be construed accordingly).
Organiser means any company, partnership or sole trader that hosts an Event at an Event Location promotes an Event through the Platform on behalf of a venue.
Patron means any natural person who uses the Platform to book tickets to an Event.
Platform means Go Lyv’s online platform which includes its proprietary domain: www.golyv.com and all sub domains, the web-app associated with that domain, as well as any mobile or tablet application operated by Go Lyv.
Terms means these Terms and Conditions.
Ticket Revenue means the funds transferred by Go Lyv to the Organiser in respect of each Booking less the Booking Fee.
Terms for Patrons
3.1The description of the Services is as stated on the Platform, marketing e-mails or any other form of advertisement. Any description is for illustrative purposes only.
3.2We reserve the right to make beneficial changes to the Platform and the Services you have chosen. This could be to comply with any applicable law, regulation or safety requirements, or to implement minor technical adjustments and improvements, for example to optimise your user experience.
4. Personal information and Registration
4.1If you wish to Book an Event with an Organiser, you must signify agreement with the Privacy & Cookies Policy and these Terms. You will then be required to submit details, which depending on the Booking you have made may include:
- contact information; and
- your Event preferences.
4.2We may contact you by using e-mail or other communication methods and you expressly agree to this.
4.3If you would like to receive our newsletter you can sign up on our home webpage.
4.4By making a Booking you consent to your personal information being shared with the Organisers detailed on the Listing for the purposes of providing you with important information about the Event you have Booked and for promotional purposes in order to send you marketing e-mails about similar events.
4.5We retain and use all information strictly under the Privacy & Cookies Policy.
5. Basis of Contract
5.1We act as agent for the Organiser and you can Book Events through the Platform. However, the description of the Services on our Platform does not constitute a contractual offer to provide any Services to you.
5.2When a Booking with an Organiser has been submitted on the Platform, we or the Organiser can reject it for any reason, although we will try to tell you the reason without delay. In such an instance, if payment has already been taken, we will refund you in full.
5.3The Booking process is set out on the Platform. Each step allows you to check and amend any errors before submitting the Booking. It is your responsibility to check that you have used the ordering process correctly.
5.4A Contract will be formed for the Event you have Booked when you receive an email from us confirming the Booking (Booking Confirmation). By making a Booking, you agree to us giving you confirmation of the Contract via the Booking Confirmation. You must ensure that the Booking Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Booking made by you. You will receive the Booking Confirmation within a reasonable time after making the Contract, but in any event not later than the scheduled date of the Event you have Booked.
5.5If we are unable to accept your Booking, we will inform you of this as soon as possible. This may be for a number of reasons, including, but not limited to unexpected limits on the resources of an Organiser, because you are underage or because you have Booked Events with the Organiser in the past and the Organiser wishes to reject your Booking due to your prior conduct.
5.6If your Booking request is rejected by the Organiser, there will be no further obligation on our behalf and we would encourage you to look for another Event that you would like to attend.
5.7No variation of the Contract, whether regarding the Fees or otherwise, can be made after it has been entered into unless the variation is agreed by you and Go Lyv in writing and authorised by a member of our senior staff.
6.1We charge a fee for each Booking that you make successfully (Booking Fee). The Booking Fee is calculated at 10% of the Booking value.
6.2You will be required to pay when using our online checkout service on the Platform by submitting your credit or debit card details with your Order.
6.3Prices and charges include VAT at the rate applicable at the time of the Order.
6.4All Fees must be taken through the Platform. We process payments using:
6.5All provisions referenced in Clause 6.4 above are incorporated into these Terms by reference. If you try to make payment outside of the Platform, we reserve the right to terminate your use of the Platform without notice.
7. Right to Cancel
7.1Any Contract formed will be a Distance Contract which, if you are a Consumer, is subject to the cancellation rights (Cancellation Rights) set out in this Clause 7.
7.2You may cancel your Booking for an Event by telling us before the Contract is completed i.e. prior to receipt of the Booking Confirmation. However, you have no further statutory Cancellation Rights after the Contract is made. This is because live event bookings are excepted from the legislation. Consequently, all refunds will be subject to the refund policy of each Organiser as stated on the relevant Listing.
7.3To exercise the right to cancel the Contract prior to the Contract being made in accordance with Clause 7.2, you must inform us of your decision to cancel by a clear written statement sent via the Platform or via email@example.com provided that the request includes the Order ID number, the Order billing e-mail address and the reason for the cancellation (Cancellation Notice). We will then communicate to you an acknowledgement of receipt of such cancellation in a durable medium (for example by email) without delay.
7.4We may end your Contract at any time by writing to you if you commit a breach of these Terms as follows:
- you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
- you demonstrate a pattern of behaviour which in our sole opinion is likely to cause damage to our Organisers or us.
7.5If we end the Contract in the situations set out in Clause 7.4, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaching the Contract. Cancellation by the Organiser
7.6If we end the Contract in the situations set out in Clause 7.4, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaching the Contract. Cancellation by the Organiser
7.7If the Organiser cancels the Event for any reason and the cancellation occurs no more than 7 days prior to the scheduled date of the Event, then we will process your reimbursement upon your request through the “Refunds” section of the Platform (Reimbursement Request). If the cancellation occurs within 7 days of the Event, then you must contact the Organiser directly to obtain your reimbursement. Please note that in any event, our Fees are non-refundable. Timing of reimbursement
7.8If a reimbursement from us due under this Clause 7, we will make the reimbursement without undue delay and in any event, not later than 14 days after the day we receive your Cancellation Notice or Reimbursement Request. Please note that the speed of any reimbursement is dependent on the processing times of your bank.
7.9We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Terms for Organisers
8. Organiser Registration
8.1In order to List an Event, you must complete your Organiser profile. We will require certain information before your account can be verified, which may include, but is not limited to:
- Company number if applicable;
- Proof of representation of any venues advertised on the Listing;
- Bank account details; and
- Proof of the Insurance Policies.
8.2Please note unfortunately right now, we do not verify Organisers that are based outside of the United Kingdom.
8.3Organisers are permitted to upload content to our Platform through the Listing. By permitting us to upload any Listing to our Platform, the Organiser grants Go Lyv and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub- licensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display any part of the Listing and/or to incorporate it into other materials in any form, for the purposes of marketing.
8.4Organisers are also permitted to upload details of former guests that have given permission for the Organiser to share their data with GoLyv or other third-parties. By uploading this information onto the Platform, the Organiser agrees to allow Go Lyv to contact these data subjects for marketing purposes.
8.5Organisers are permitted to link to their Listing on the Platform via embedded links using a portal provided by us.
9. Transfer of funds and cancellation
9.1We process and hold the Ticket Revenue on behalf of the Organiser and we will Transfer to the Organiser seven (7) days after the scheduled Event has occurred.
9.1If after accepting a Booking, an Organiser cancels the Booking for any reason, the Organiser must notify us through the Platform immediately. If the cancellation occurs prior to the transfer of the Ticket Revenue to the Organiser, then we will process the reimbursement on behalf of the Organiser. If we have already transferred the Ticket Revenue to the Organiser, then the Organiser will be responsible for processing Patron reimbursements in a timely fashion.
10. GoLyv ticket verification technology
10.1Ticket verification is achieved through a mobile app downloaded by the Patron which recognises an ultrasonic key omitted by the Organiser’s speaker equipment. The sonic key is fed to the speaker through the Organiser’s profile on the Platform.
10.2Most speakers with Bluetooth® capability work with Go Lyv’s verification software. However, Organisers are invited to purchase Go Lyv branded speakers to facilitate ticket verification directly from Go Lyv. If the Organiser purchases a Go Lyv speaker, Go Lyv will pass on the manufacturer’s warranty.
11. Organiser Obligations
- 11.1The Organiser represents and warrants that:
11.1.1it has the necessary authority, rights and licences to host an Event that they advertise on the Platform;
11.1.2the nature and details of the Listing are accurate, truthful and not misleading for Patrons;
11.1.3it shall not misuse any personal data of Patrons shared with them through the Platform in contravention of the Data Protection Laws (defined in Clause 18) or send unsolicited communications to Patrons;
11.1.4it shall not attempt to contact Patrons outside of the Platform or try to circumvent the Platform in any way except to process refunds in accordance with Clause 9.2;
11.1.5it shall respond promptly to any and all enquiries from Patrons in relation to Events;
11.1.6it shall respond promptly to any and all enquiries from Go Lyv when contacted;
11.1.7it shall at all times observe best practice health and safety procedures and comply with all applicable laws and regulations regarding public health; and
11.1.7it obtain and maintain the Insurance Policies to adequately cover liabilities to Patrons during an Event and to Go Lyv under these Terms.
11.2The Organiser shall indemnify, defend and hold harmless Go Lyv against all losses that Go Lyv incurs or suffers however arising as a result of or in connection with:
- 11.2.1the Organiser's breach of the warranties set out herein;
- 11.2.2the Organiser's breach or negligent performance or non-performance of any obligations under these Terms;
- 11.2.3any damage to reputation suffered by Go Lyv as a result of the Organiser’s breach of these Terms; and/or
- 11.2.4any claim made by a Patron or any third-party arising out of or in connection with an Event, to the extent that such claim arises as a result of any breach of these Terms by, or the negligence of, the Organiser or its staff or contractors.
11.3We reserve the right to suspend or terminate the use of the Platform by any Organiser that breaches these Terms or if we receive multiple complaints about any Organiser from Patrons.
13. Intellectual property
13.1We are the owner or the licensee of all intellectual property rights in our Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2"Go Lyv“ is a trade mark registered in the United Kingdom with trade mark registration number UK00003556692 and is therefore protected by the Trade Marks Act 1994 and treaties around the world. All other trade names and product names used by us are unregistered trade marks and are also legally protected by the laws of “passing off” and “unfair competition”. No rights are granted to Patrons, Organisers or any third-parties to reproduce or use any of our trade marks for any purpose without prior written approval. If we become aware that any third party has breached this clause, we reserve the right to pursue any available legal remedies.
13.3You are permitted to:
- 13.4print off one copy or download extracts of any page(s) from our Platform for your personal use; and
- 13.4draw the attention of others within your organisation to content on our Platform PROVIDED THAT our status (and that of any identified contributors) as the authors of content on our Platform is always acknowledged.
13.4However, you must not:
- 13.5modify the paper or digital copies of any materials you have printed off or downloaded in any way;
- 13.5use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
- 13.5use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
13.5If you print off, copy or download any content on our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
14. Viruses and maintenance
14.1We do not warrant or guarantee that our Platform is free of errors, viruses, Trojan horses or other destructive or contaminating components or content. We provide no warranty or guarantee that our Platform is compatible with your computer equipment and are under no obligation to do so.
14.2We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material or event that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform, the downloading of any content, or on any websites linked to it.
14.3You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.
14.4You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack.
14.5We may, from time to time, temporarily suspend the operation of our Platform with or without prior notice, either wholly or in part for repair or maintenance work or for the purposes of updating or otherwise improving its content, features or functionality.
15. Linking to our Platform
15.1You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We prefer that you link to our Platform through the social media links provided.
15.2You must not, without explicit permission:
- 15.3.1establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;
- 15.3.2establish a link to our Platform in any website that is not owned by you;
- 15.3.3frame our Platform on any other Platform, nor create a link to any part of our Platform other than the home page except as permitted under Clause 8.4; or
- 15.3.4link from any Platform that contains fraudulent, false, misleading or deceptive information; or defamatory, libellous, obscene, pornographic, vulgar or offensive content; or promotes discrimination, racism, hatred, harassment or harm toward any third-party; or promotes violence or actions that are threatening to any third-party; or promotes illegal or harmful activities.
15.3We reserve the right to withdraw linking permission without notice.
16. Third-party Links on our Platform
16.1Where our Platform contains links to other Platforms and resources provided by third-parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Platforms or information you may obtain from them. We have no control over the contents of those Platforms or resources.
18. Successors and our sub-contractors
18.1We can transfer the benefit of these Terms to someone else, however we will remain liable to the other for its obligations under these Terms. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
18.2You may only transfer your rights or your obligations under these Terms to another person or entity if we agree to this in writing.
18.3No person who is not a party to these Terms shall have any rights to enforce any of its provisions and these Terms can be varied without any third party's consent. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.
19. Circumstances beyond the control of either party
20.1Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
20.2These Terms should be read alongside, and are in addition to our policies, including our Privacy and Cookies Policy.
20.3For the purposes of these Terms:
- 20.3.1'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- 20.3.2 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
- 20.3.3'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
20.4We are a Data Controller of the Personal Data we Process in providing services to you.
20.5Where you supply Personal Data to us so we can provide services to you, and we Process that Personal Data in the course of providing services to you, we will comply with our obligations imposed by the Data Protection Laws:
- 20.5.1before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- 20.5.2we will only Process Personal Data for the purposes identified;
- 20.5.3we will respect your rights in relation to your Personal Data; and
- 20.5.4we will implement technical and organisational measures to ensure your Personal Data is secure.
20.6For any enquiries or complaints regarding data privacy, please contact us at firstname.lastname@example.org.
21. Reliance on our Platform
21.1The content on our Platform is provided for general information only and is not intended to amount to advice on which you should rely.
21.2Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.
22. Prohibited use
24. Limitation of liability
24.1If you are a Consumer, we limit our liability as follows:
- 24.1.1If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract 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 the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Order process.
- 24.1.2Subject to Clause 24.1.3 below, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Platform, including but not limited to: indirect and consequential losses, any economic loss, loss of revenue, loss of or damage to reputation, loss of goodwill or data or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Services. Our total liability to you for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total Fees paid by you under the Contract.
- 24.1.3We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, we are not liable for loss (for example loss of profit) to the Patron's business, trade, craft or profession which would not be suffered by a Consumer because we believe the Patron is not engaging our Services wholly or mainly for its business, trade, craft or profession.
24.2If you are a Business, we limit our liability as follows:
- 24.2.1Except to the extent expressly stated in Clause 24.2.3, all terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
- 24.2.2Subject to Clause 24.2.3, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Platform, including but not limited to: indirect and consequential losses, any economic loss, loss of revenue, business, profits or business opportunities, anticipated savings or profits, loss of or damage to reputation, loss of goodwill or data or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Services. Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total Fees received by us through Patrons who have booked a particular Event though the Platform.
- 24.2.3We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations including breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.
24.3Whether you are a Consumer or a Business, this Platform and the Services advertised on it are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
25.1These Terms may be varied by us from time to time. Such revised terms will apply to the Platform from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version.
25.2These Terms contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to these Terms.
25.3The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Terms.
25.4If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
26. Governing law, jurisdiction and complaints
26.1The Contract (including any non-contractual matters) is governed by the laws of England and Wales.
26.2Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Patron or Organiser is based in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
26.3 We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, please contact us at email@example.com to find a solution. We will aim to respond with an appropriate solution within 5 days.