These terms and conditions (Terms) along with the OutSavvy Privacy Policy, set out the basis on which you, the event organiser and/ or venue, may make use of the OutSavvy website (www.outsavvy.com) and the OutSavvy application to sell tickets to your events. For the purposes of these Terms, both the OutSavvy website and application shall be referred to as the “App”. OutSavvy is the trading name of OutSavvy Ltd of 85 Great Portland Street, London, W1W 7LT (registered under company number 08664328).
By using the App, you expressly agree to be bound by these Terms and all applicable laws and regulations governing the App.
OutSavvy reserves the right, at its sole discretion, to change these Terms at any time, effective immediately upon posting them on the App so please check the App regularly for any updates.
If you violate these Terms, OutSavvy may restrict your use of the App, terminate your account and/or take appropriate legal action against you.
1. Who OutSavvy is
OutSavvy is a ticket agency which obtains its allocation of tickets for an event directly from event organisers and/ or venues. Tickets are sold through the App (by you, the event organiser and/ or venue) to customers directly where customers can search, select and buy tickets online for events.
Your OutSavvy account is a secure portal where you can, amongst other things, add or modify event listings and ticket allocations, download guest list and view ticket sales reports.
2. Permitted uses of the App
You agree that you are only authorised to visit, link to and/or retain a copy of pages of the App for your personal use or your organisation's internal use and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the App for any purpose other than to promote events for which you are selling tickets to customers via the App.
The content and software on the App is the property of OutSavvy and is protected by UK and international copyright laws.
2.1 Your contributions to the App
The App provides you with opportunities to contribute content by uploading information about your events, known as “user content”. OutSavvy is not liable or responsible for any user content. The contributions of third parties do not necessarily represent the view or opinions of OutSavvy.
2.2 Prohibited content
You may be held liable for any illegal or prohibited user content that you upload to the App and accordingly you agree not to upload such content to the App.
Prohibited user content includes, but is not limited to, content that:
- is offensive such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- could be harmful to minors;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory;
- promotes an illegal or unauthorised copy of another person's copyrighted work, such as providing pirated computer programs or links to them or providing pirated music or links to pirated music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to from another accessible page);
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits people under the age of 18 or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
- engages in commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
- linking to other events platform or booking systems or linking to other ways to take payment for tickets;
If you discover this kind of material on the App, please notify OutSavvy by emailing admin@outsavvy.com and OutSavvy will investigate your claim and may then take appropriate action.
Please see clause 6 for resticted user content
2.3 Links and search results
App contains embedded links, and may produce search results, that reference or link to third party sites on the internet. OutSavvy has no control over these third party sites or the content within them. OutSavvy cannot guarantee, represent or warrant that the content contained in these third party sites are accurate, legal and/or inoffensive and will not contain viruses or otherwise impact your computer. By using the App to search for or link to another website, you agree and understand that you may not make any claim against OutSavvy for any damages or losses, whatsoever, resulting from such action.
2.4 Unauthorised use of the App
Illegal and/or unauthorised use of the App, including, but not limited to, unauthorised ticket sales, fraudulent listings of events other than via a legitimate OutSavvy account or the unauthorised framing of or linking to the App is prohibited by OUtSavvy and any such use will be investigated and appropriate legal action taken, including without limitation, civil, criminal and injunctive redress.
2.5 Violation of these Terms
You understand and agree that in OutSavvy's sole discretion, and without prior notice, OutSavvy may terminate your OutSavvy account or exercise any other remedy available and remove any unauthorised user content, if OutSavvy believes that your conduct, or the user content you provide, violates or is inconsistent with these Terms, or violates the law or the rights of OutSavvy, a customer of OutSavvy or another user of the App.
You agree that monetary damages may not provide sufficient remedy to OutSavvy for violations of these Terms and you consent to injunctive or other equitable relief for such violations. OutSavvy is not required to provide any refund to you if your OutSavvy account is terminated because you have violated these Terms or any of OutSavvy's rights.
2.6 Service access
While OutSavvy endeavours to ensure that the App is normally available 24 hours a day, OutSavvy shall not be liable if for any reason the App is unavailable at any time or for any period.
Access to the App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond OutSavvy’s control.
2.7 OutSavvy's Role
OutSavvy is not the creator, organiser or owner of the events listed on the App. Rather, OutSavvy provides its Services, which allow you to manage ticketing and registration and promote events. You are solely responsible for ensuring that any page displaying an event on the App meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. OutSavvy also acts as your limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the App and passing such payments you.
3. Registration and security
You agree to maintain and promptly update your registration details to keep them accurate and current. If you provide any information that is untrue, inaccurate, not current or incomplete, or OutSavvy has reasonable grounds to suspect that your information is such, OutSavvy has the right to suspend or terminate your OutSavvy account and refuse any and all of your current or future use of the App.
During the OutSavvy registration process, a unique account and password will be created. It is your responsibility to maintain the confidentiality of your password and account and you are fully responsible for all activities that occur through your account.
You must immediately notify OutSavvy of any unauthorised use of your password or account or any breach of security. OutSavvy cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this section 3 or from any unauthorised access to or use of your account.
If an account has not had any events listed for more than one year, all data may be cleared.
4. Payment processing
4.1 OutSavvy payment processing
You do not need your own payment gateway to utilise the OutSavvy payment processing option. Sales of tickets shall be processed by OutSavvy and income less our commission (detailed further in clause 5.2 below) will be transferred to you within five working days of the conclusion of the event.
4.1.1 Collection of payment
You authorise OutSavvy to accept MasterCard, Visa, American Express and Maestro cards and to collect the price of each ticket in full.
4.1.2 Transfer of funds
Once the event or event run has concluded, the online sales for that event will then be totalled and transferred electronically to your nominated bank account within five working days of the final performance. The amount transferred will be net of our commission.
All money shall be paid into the bank account specified in your payment details. It is not the responsibility of OutSavvy to verify bank details but it is your responsibility to ensure that accurate bank details are provided. If incorrect bank details are provided, monies owed will accrue until accurate bank account details are provided by you. OutSavvy will not accept any responsibility if incorrect bank details have been provided or monies owed are paid into the wrong bank account. Following the date which is 90 days from the end of your event, if you have still not provided us with correct bank details (and we can demonstrate that we have made repeated attempts to contact you about providing these), we reserve the right to retain all proceeds from the sale of OutSavvy tickets in relation to that event.
OutSavvy transfers money to UK bank accounts free of charge. OutSavvy can transfer to international bank accounts outside the UK but charges will be incurred to cover the cost of the transfer.
Should OutSavvy fail to pay you within 30 days from the end of the month in which the event or the event run has concluded and the correct bank details were provided to the App, OutSavvy shall pay interest on the overdue amount at the rate of 3% per annum above Barclays Bank PLC’s base rate from time to time.
4.1.3 Chargebacks
A chargeback occurs when a customer disputes a charge on their credit/debit card with our merchant services provider. When a chargeback occurs the merchant services provider will investigate as to whether the charge is to stand or be refunded to the customer.
OutSavvy will provide all requested information and documentation to the merchant services provider during the investigation. However if the dispute is upheld and the charge is refunded to the customer, OutSavvy will have every right to seek reimbursement from you for the chargeback amount. Failure by you to pay the chargeback may result in your account being suspended.
4.4 VAT Liability
You remain solely responsible for the accounting and payment of VAT collected through the sale of tickets to HM Revenue and Customs.
5. Commission
OutSavvy is entitled to take a percentage of sales of tickets via the App as payment by commission added as a fee or included in the price of the ticket.
The total commission per ticket sold on the App is displayed when adding tickets to your event.
All commission payable is inclusive of VAT.
6. Event listing processes and responsibilities
By uploading user content to the App, you agree that OutSavvy previews user content before it appears on the App and that OutSavvy reserves the right, at its sole discretion, to restrict any user content from appearing on the App at any time. Restrictions can include, but is not limited to:
- linking to other ticket platforms or booking systems
- using other ticket platforms or booking systems as the primary ticket agency
- non-ticketed events i.e. events uploading for listing purposes only and not ticketing purposes
6.1 Event details
All details of events including, but not limited to, performance times, ticket prices and seat allocation must be entered into the App by you. The accuracy of all such information is at all times your responsibility. Failure to provide accurate event details (including amendments to an event if the date or time changes) will breach these Terms and may lead to your account being terminated and OutSavvy will be entitled to seek compensation for any direct costs incurred as a result of incorrect event information listed by you on the App.
If your event passes our terms and conditions and is published to the App, OutSavvy will automatically tag your event with relevant keywords to make it discoverable across the App
You must download the most up to date guest list from the App before the start of your event to ensure that all customers on the list are given entry to the event.
Your staff must be aware of the entry rights of customers who have purchased tickets from the App for your event.
You must not refuse entry to any customer who holds a ticket purchased from the App for your event unless they are in breach of your specific terms of entry which the customer had previously been made aware of.
6.2 Copyright policy
OutSavvy will terminate your account should you use the App to unlawfully transmit copyrighted material without express content, valid defence or a fair use exemption to do so. In particular, if you submit user content to the App, whether articles, images, stories, software of other copyrightable material you must ensure that the content does not infringe the copyrights or other rights of third parties (including, but not limited, to trade marks, confidential information, privacy or publicity rights). OutSavvy may from time to time use imagery from your website or social media account to promote your event and by accepting the terms you allow OutSavvy to use this imagery.
6.3 Your own terms and conditions for customers
Tickets are sold to customers subject to the OutSavvy ‘Terms and Conditions for Customers’ however you may include your own terms and conditions (if applicable), including age restrictions, refund and exchange policy.
If you do have your own terms and conditions for customers, the customer must be informed of them before the point of purchase.
6.4 Pricing errors
If the amount paid by the customer for a ticket sold through OutSavvy is grossly incorrect, regardless of whether because of an error in a price posted on the App or otherwise communicated to the customer and irrespective of how the error occurred, OutSavvy will have the right to cancel the order for the ticket and refund the customer the amount that they paid and claim any loss suffered from OutSavvy from you.
6.5 Restricting accounts based on activity
OutSavvy reserves the right to restrict the number of events that can be created per partner account or to remove partner accounts from the platform. This includes but is not restricted to using OutSavvy as a booking platform for free events and promoting paid events as free.
7. Dispatch of tickets
Tickets will be made available to the customer as a downloadable link to be printed by the customer or as a download to the App only.
8. Use of email tools
OutSavvy makes available features and tools that allow you to contact your customers via email (the "Email Tools"). If you use Email Tools, you represent and agree that:
- you have the right and authority to send emails to the addresses on your recipient list and such addresses were gathered in accordance with email marketing regulations in the recipient's country of residence
- your emails are not sent in violation of any privacy policy under which the recipient emails were gathered
- you will use the Email Tools in compliance with all applicable local, state, provincial, national and other laws
- you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools
- you will respond immediately and in accordance with instructions to any Consumer sent to you by OutSavvy requesting you modify such customer's email preferences
- if you violate any of these Email Tools rules or if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Services, OutSavvy may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Email Tools.
9. Exchanges and refunds
Because all transactions are between an Organiser and its respective attendees, if an exchange or refund is requested by a customer, the customer is advised to contact you directly to process their request as per your own exchange and refund policy. OutSavvy only refund booking fees associated with a booking if the event has been cancelled otherwise only the original ticket price is refunded.
8.2 Cancelling an event
As an event organiser you will need to inform your customers of an event cancellation using reasonable endeavours to contact customers by email (using the details provided at the time of booking) advising them of the cancellation and initiating the refund process.
8.3 Event postponed or change of venue
As an event organiser you will need to inform your customers whereby an event has been postponed or of a venue change using reasonable endeavours to contact customers by email to contact customers by email (using the details provided at the time of booking) advising them of the postponement or venue change and to contact you for details of your exchange and refund policy.
10. Customer Data
In respect of any personal data (as defined in the Data Protection Act 2018 (Act)) you must comply with the Act and continue to comply with any future amendments to the Act and any guidance notes or guidelines by the Information Commission.
You are also responsible for ensuring your data is compliant with the General Data Protection Regulation (GDPR).
Subject to all applicable data protection legislation and the terms of the OutSavvy Privacy Policy, all customer personal data generated in connection to your event shall be owned jointly by OutSavvy and you subject to any relevant consents being granted by the customer under the Act, each party shall be entitled to use such customer data in whatever manner it sees fit.
11. Warranties
The App and its content are delivered on an “as-is” and “as-available” basis.
OutSavvy does not guarantee that the App will be error-free, uninterrupted, or that it will provide specific results from any content, search or link on it.
OutSavvy cannot ensure that files you download from the App will be free of viruses or contamination or destructive features.
12. Limitation of liability
This clause 11 sets out OutSavvy’s entire liability to you under or in connection with this agreement.
Nothing in these Terms limits or excludes OutSavvy’s liability for:
- death or personal injury caused by its negligence; or
- fraud or fraudulent misrepresentation.
Subject to the above, OutSavvy will not have any liability to you under or in connection with this agreement for any:
- loss of profits or account of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of opportunity;
- loss of anticipated savings;
- loss of or damage to goodwill;
- loss of use or corruption of data or information; or
- any indirect or consequential loss.
Subject to the above, OutSavvy’s total liability to you under or in connection with these Terms will be limited, in respect of all claims (connected or unconnected) in any consecutive 12 month period, to an amount equal to the total sum of ticket sales made by you via the App in that period.
13. Indemnity
12.1 You shall indemnify, defend and hold harmless OutSavvy and its respective successors, assigns, directors, officers, employees and agents and shall keep each of them fully and effectively indemnified against any and all losses, imposed on, incurred by or asserted against them arising from:
a) any breach of these Terms or breach of any warranty by you;
b) or any acts or omissions by you, your employees, sub-contractors or agents;
c) any event or venue (other than to the extent that any losses arise directly from breach of these Terms by OutSavvy or OutSavvy’s negligence);
d) any breach of copyright or privacy laws or any other applicable law;
e) any advertisement, marketing or promotion (other than any material produced by OutSavvy), including without limitation the production and placement of fly-posters.
14. Applicable Law and Jurisdiction
These Terms are governed by English law and you agree that the courts of England shall have exclusive jurisdiction over any dispute or claim that arises out of or in connection with these Terms.
Last updated: April 2024