These terms and conditions ("Terms") govern your use of Stubmatic, a ticketing platform operated by FiveW Technology Ltd. Please read them carefully. By creating an account, buying a ticket, or otherwise using Stubmatic, you agree to these Terms.
Contents
- Who we are
- Definitions
- Organiser accounts
- Plans, fees and payment
- Booking fees, ticket sales and payouts
- Your responsibilities as an organiser
- Terms for ticket buyers
- Acceptable use
- Intellectual property
- Availability, support and changes
- Suspension and termination
- Liability
- Indemnity
- Data protection
- Third party services
- Changes to these Terms
- Governing law
- Contact
1. Who we are
Stubmatic is operated by FiveW Technology Ltd, a company registered in England and Wales (company number 13278104), with its registered office at Wesley Clover Innovation Centre, Chepstow Road, Newport, Wales, NP18 2YB. Our VAT number is GB 410 4727 32. In these Terms, "Stubmatic", "we", "us" and "our" mean FiveW Technology Ltd.
You can contact us at highfive@gowithfive.com.
2. Definitions
- Platform means the Stubmatic websites, applications and services, including app.stubmatic.io.
- Organiser means a person or organisation that holds a Stubmatic account and uses the Platform to list events and sell tickets.
- Buyer or attendee means a person who buys or holds a ticket to an event through the Platform.
- Event means any event, show or activity listed on the Platform by an Organiser.
- Plan means a subscription tier that an Organiser chooses, as described on our pricing page.
3. Organiser accounts
This section applies to Organisers.
To sell tickets you must create an account. You must provide accurate information, keep it up to date, and keep your login details secure. You are responsible for all activity that takes place under your account.
You must be at least 18 years old to hold an account. If you open an account on behalf of an organisation, you confirm that you have authority to bind that organisation to these Terms.
You are responsible for the acts of any team members you invite to your account.
4. Plans, fees and payment
This section applies to Organisers.
We offer a free plan and paid plans, as set out on our pricing page. Paid plans are charged as a flat, recurring licence fee. We do not take a commission or a per ticket fee on your sales.
Paid subscriptions are billed in advance through our payment provider, Stripe, on a monthly or yearly basis depending on the plan you choose. Prices are shown on our pricing page. VAT is applied in accordance with our published VAT approach. For UK VAT registered organisations, VAT is added at checkout and shown on your invoice. All other customers pay the advertised price, inclusive of any applicable VAT.
You may upgrade, downgrade or cancel your plan at any time from your account. Changes take effect as described in your account at the time you make them. Except where the law gives you a right to a refund, subscription fees already paid are non refundable, although you will keep access to paid features until the end of the period you have paid for.
If a payment fails, we may retry it and may suspend paid features until payment is made.
5. Booking fees, ticket sales and payouts
This section applies to Organisers.
You decide whether to add a booking fee to your tickets, and you keep any booking fee you charge. We do not add a fee of our own to your ticket sales.
Ticket payments are processed through Stripe and are paid to your own connected Stripe account. We do not hold your ticket takings. Your use of Stripe is subject to Stripe's own terms, and you are responsible for maintaining your Stripe account in good standing. Payout timing, and any fees Stripe charges, are a matter between you and Stripe.
You are responsible for setting your ticket prices, your refund and cancellation policy, and for accounting for any tax due on your sales.
6. Your responsibilities as an organiser
This section applies to Organisers. You are responsible for your events and for the way you use the Platform. In particular, you agree that:
- your events are lawful, and you hold any licences, permissions and insurance they require;
- the information you publish about your events is accurate and not misleading;
- you comply with consumer protection law in your dealings with buyers, including any rights they have to information, cancellation or refunds;
- you handle refunds, cancellations, rescheduling and complaints from your attendees in line with your published policy and the law;
- you comply with data protection law in respect of the personal data you collect about your attendees, as described in section 14; and
- you account for any tax, including VAT, due on your ticket sales.
The contract to attend an event is between you and your attendees. We are not a party to it.
7. Terms for ticket buyers
This section applies to Buyers.
When you buy a ticket through Stubmatic, you are buying it from the Organiser of that event, not from us. We provide the platform that lists the event, takes your payment through Stripe and issues your ticket. Your contract for the event, including entry conditions, is with the Organiser.
Refunds, cancellations, rescheduling and entry conditions are set and handled by the Organiser in line with their policy and the law. If you have a problem with an event, a refund or entry, you should contact the Organiser in the first instance. We will help where we reasonably can, but we are not responsible for the events themselves.
You must give accurate information when you book, and you must not resell tickets in a way that breaks the Organiser's conditions or the law. Tickets may be checked at the door, and entry may be refused if a ticket is invalid or the Organiser's conditions are not met.
8. Acceptable use
This section applies to everyone. You must not use the Platform to:
- break the law, or promote or run illegal events or activities;
- defraud anyone, or take payment for events you do not intend to hold;
- infringe anyone's intellectual property or other rights;
- upload anything unlawful, defamatory, obscene, hateful or harmful;
- introduce malware, or attempt to gain unauthorised access to the Platform or to other users' accounts or data;
- interfere with or place an unreasonable load on the Platform; or
- scrape, copy or resell the Platform or its data except as these Terms allow.
9. Intellectual property
We own, or are licensed to use, all intellectual property in the Platform, including its software, design, branding and content. Nothing in these Terms transfers that intellectual property to you. You may use the Platform only as these Terms allow.
Organisers keep ownership of the content they upload, such as event descriptions and images. By uploading content, an Organiser grants us a non exclusive licence to host, display and use that content as needed to provide the Platform. Organisers confirm that they have the rights to the content they upload and that it does not infringe anyone's rights.
10. Availability, support and changes
We work to keep the Platform available and reliable, but we do not guarantee that it will be uninterrupted or error free. We may carry out maintenance, and we may add, change or remove features over time. We may set reasonable limits on use, such as the plan limits described on our pricing page.
Support is provided as described for your plan.
11. Suspension and termination
You may stop using the Platform at any time and may close your account from your account settings.
We may suspend or end your access if you break these Terms, if we are required to by law, or if your use puts the Platform, us or others at risk. Where it is reasonable to do so, we will give you notice first. If we end your account, you remain responsible for obligations that arose before it ended, including any events you have already sold tickets for.
12. Liability
Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence, or for fraud. Nothing in these Terms affects a consumer's statutory rights.
We provide the Platform to Organisers on a business to business basis. To the extent permitted by law, and subject to the paragraph above, we are not liable to Organisers for loss of profit, revenue, goodwill, or anticipated savings, or for any indirect or consequential loss, and our total liability to an Organiser in any twelve month period is limited to the fees that Organiser paid us in that period.
We are not responsible for the events listed on the Platform, for disputes between Organisers and attendees, or for the acts or omissions of third party services such as Stripe.
13. Indemnity
This section applies to Organisers. You agree to indemnify us against claims, losses and reasonable costs arising from your events, your content, your breach of these Terms, or your breach of the law, to the extent they are not caused by us.
14. Data protection
Our Privacy Policy explains how we handle personal data and forms part of these Terms.
For the personal data an Organiser collects about its attendees through the Platform, the Organiser is the data controller and we act as a data processor on the Organiser's instructions. Organisers are responsible for having a lawful basis to collect and use that data, and for giving their attendees the information the law requires. We process that data to provide the Platform and in line with our Privacy Policy.
15. Third party services
The Platform relies on trusted third party services, including Stripe for payments, SendGrid for email, Amazon Web Services for hosting and storage, and Google Maps for location features. Your use of those features may be subject to the relevant provider's terms. We are not responsible for third party services beyond our reasonable control.
16. Changes to these Terms
We may update these Terms from time to time. If we make a significant change, we will take reasonable steps to let you know, for example by email or a notice on the Platform. The date at the top of this page shows when the Terms were last updated. Continuing to use the Platform after a change means you accept the updated Terms.
17. Governing law
These Terms and any dispute arising out of them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction, except that if you are a consumer you may also have the right to bring proceedings in your own place of residence.
18. Contact
If you have any questions about these Terms, please contact us at highfive@gowithfive.com.