Terms & Conditions

1.1 Introduction. Welcome to Seat Exchange (the "Site"). These Terms and Conditions ("Agreement") list the terms of the agreement between Seat Exchange (Europe) Limited ("Seat Exchange" or "We" or "Us") and you ("You") for the purchase and sale of seats ("Seats" or “Tickets”), and all other services that We provide (the "Services"). By using our Site, You agree to accept this Agreement.

1.2 Service. Seat Exchange provides a website that allows users who want to buy tickets ("Buyers") to find members who want to sell tickets ("Sellers"). Seat Exchange does not own the tickets and transactions are between the Buyers and Sellers. We cannot be legally bound to ensure that a Buyer or Seller will actually complete a transaction.

1.3 Modification. If we change this Agreement, We shall post a revised version of this Agreement, which shall automatically replace the terms of this Agreement. The revised version of this Agreement is automatically effective seven (7) days after it is initially posted on the Site. Your continued use of the Site and the Services following Seat Exchange’s posting of a revised Agreement will constitute Your acceptance of the revised Agreement. If You do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services or this Site.


2.1 Requirements. To be a user of this site, you must agree to accept the terms in this Agreement. You may only use the Services if you can legally enter into and form binding contracts. If you do not qualify, do not use the Services.

2.2 Registration

We will not allow You to buy tickets before You have registered with Us. Anyone who can legally enter into and form binding contracts may register as a Buyer or Seller. Buyers and Sellers must provide their real name, address, telephone number, and email address.

2.3 Username and Password

You will need a username and password to use the Site and the Services. You are responsible for maintaining the security of your username and password and You are responsible for any activity taken under your username or password.

2.4 Listing Seats

To sell tickets, Sellers must list on the website. As part of this process, the Seller selects a price for the tickets and provides information including but not limited to the event, date, time, section, seat, row, date You will deliver the ticket(s) (written in the Ticket Notes section) and listing expiry date, all in accordance with the details outlined in the Seller Guide. To list as a Seller, You must provide a valid credit/debit card. You also grant Us a non-exclusive, transferable, worldwide, royalty-free right and license to reproduce, modify, adapt, publish and display on the Site your descriptions of tickets listed for sale in Ticket Extras and Listing Extras. This is so we can promote the sale of tickets and items that You list for sale.

2.5 VAT on the Sale of Tickets

The Seller is responsible for determining whether it is required to account for Value Added Tax (‘VAT’) on the sale of the ticket(s) and for collecting and paying that VAT to HM Revenue and Customs. We take no responsibility for such issues. If the Seller is required to account for VAT on the sale of the ticket, the Seller should include the VAT in the total price when selecting ticket prices on the website. This is independent from any VAT that We are required to charge on our Fees.

2.6 Sale Methods

When a Seller lists a ticket for sale on our Site, You must select from one of the following sale methods: (a) Fixed Price; (b) Fixed Price with Accepting Offers; or (c) Accepting Offers.

  • Fixed Price:

    The Seller sets the price per ticket at which they will sell the ticket(s). If someone buys the ticket(s) at the fixed price, The Seller is obligated to sell.

  • Fixed Price with Accepting Offers:

    The Seller sets the price per ticket at which they will sell the ticket(s). If someone buys the ticket(s) at the fixed price, The Seller is obligated to sell. The Seller also invites offers from buyers on this fixed price. The Seller can accept, reject, or counter any offer. As a Seller, You are only obligated to sell your ticket(s) when You have accepted an offer.

  • Accepting Offers:

    The Seller also invites offers from buyers on this fixed price. The Seller can accept, reject, or counter any offer. As a Seller, You are only obligated to sell your ticket(s) when You have accepted an offer.

2.7 Making a Purchase

A user who wants to buy a ticket first searches the Seat Exchange database for tickets listed that match the Buyer’s desired tickets. Once the Buyer finds a ticket matching their search, listed as “Fixed Price” or “Fixed Price with Accepting Offers”, the Buyer notifies Seat Exchange with a "Purchase" that the Buyer wishes to make for the ticket(s) at the Fixed Price. As a Buyer, You grant Seat Exchange permission to charge your credit/debit card for the Purchase, including Buyer Fees, Delivery Fees and taxes on our fees.

2.8 Making an Offer

A user who wants to make an Offer on a ticket first searches the Seat Exchange database for tickets listed that match the Buyer’s desired tickets. Once the Buyer finds a ticket matching their search, listed as “Fixed Price with Accepting Offers” or “Accepting Offers”, the Buyer notified Seat Exchange with an “Offer” that the Buyer wishes to make for the ticket(s). As a Buyer, You grant Seat Exchange permission to charge your credit/debit card when You make an Offer or Purchase for the full value of the Offer or Purchase, including Buyer Fees, Delivery Fees and taxes on our fees.

2.9 Payment Authorisation

When We receive a Purchase or Offer by credit/debit card, We obtain an authorisation from the Buyers credit/debit card equal to the price, Buyer Fees and Delivery Fees for the ticket(s). We will also add VAT on our fees as applicable. The authorisation will remain on the Buyers credit/debit card until the sale is completed or will be removed if the order is cancelled. An Offer cannot be cancelled by the Buyer, even if the Seller has not yet accepted

2.10 Notification

Once We obtain an authorisation from the Buyer for a Purchase, We notify the Seller of the sale via email, and We confirm to the Seller that the Buyer is willing to pay the listed price, booking fees, delivery fees, and taxes on our fees. Where the Buyer has made an Offer which the Seller accepts, we confirm to the Buyer the price the Seller has is willing to sell their ticket(s) for, the Buyer Fees, Delivery Fees, and taxes on our fees.

2.11 Seller's Confirmation

The Seller must confirm and ship the order within one (1) working day of sale of the ticket(s) or within one (1) working day of the date You receive the ticket(s). Sellers should use our automated online confirmation process. Sellers will be able to see the Seller Fees and VAT on our fees before completing the sale and committing to sell their ticket(s). The Seller must send the ticket(s) via the selected delivery method directly to the Buyer.

2.12 Collecting Payment

We collect payment from the Buyer for the listed price or price accepted, Buyer Fees, Delivery Fees, and taxes on our fees. At no time do We provide the Buyer’s payment information to a third party, including the Seller.

2.13 Seat Fulfilment

Once the Seller lists tickets for sale and a Buyer purchases or make an offer for the tickets which the Seller accepts, the Seller is responsible for completing the transaction with the exact tickets listed. The Seller will be charged a Replacement Fee if the Seller lists tickets for sale and those exact tickets are subsequently not available. This Replacement Fee will vary depending on how much it costs Us to purchase comparable or better replacement tickets for the Buyer. The Buyer will receive tickets for the seats by post, courier, or by any other fulfilment mechanism determined by Seat Exchange. Seat Exchange will notify the Buyer by email of how the ticket will be provided.

2.14 Seller Payment

The Seller will be paid fourteen (14) days after dispatch of the ticket(s) to the Buyer is confirmed. We reserve the right to withhold payment if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this Agreement.

2.15 Seat Information

Event dates, times, venues and performers, listed on the ticket(s), may change. It is the Buyer’s responsibility to verify the most recent changes by contacting the box office or referring to official listings for any changes.

2.16 Substituted Seat Locations

Seat listings are a representation of actual seat location. We may substitute with comparable or better seat locations with the Buyers’ approval.

2.17 Dispute Resolution

If a Buyer is dissatisfied with any part of the purchase after receiving the ticket(s), You must follow the rules for dispute resolution outlined in our Seat Exchange Guarantee as specified in our help pages.

3.1 Laws and Regulations

You warrant that You will comply with all applicable local, regional, country and international laws, statutes and regulations regarding use of the Site and selling value of the ticket(s). You warrant that you are over 18 years old and have the legal capacity to make the transaction to transfer or resell the ticket(s).

3.2 Indemnity

You agree to indemnify and hold Seat Exchange and (if applicable) any parent, subsidiaries, affiliates, officers, directors, solicitors, agents and employees, harmless against all liabilities, costs and expenses (including reasonable solicitors fees) incurred by Seat Exchange and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, solicitors and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site.

3.3 Accurate Information

For any ticket(s) You list for sale as the Seller, You warrant that Your descriptions of the tickets are accurate. You also and warrant that any information You provide to us, to other users of the Site (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.

4.1 No Warranty

Except for the express warranties stated in this agreement, Seat Exchange provides the software, Site and Services on an "as is" basis and "as available" basis without any warranties of any kind. Seat Exchange makes no warranty with respect to its software, any tickets, any event, the services Seat Exchange provides, or that Sellers or Buyers will perform as required, and Seat Exchange expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of quality, title, non-infringement of third party rights or fitness for a particular purpose. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.

4.2 Waiver of Consequential Damages; Liability Limit

Seat Exchange expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the Services, the Site, or the suspension, termination or malfunction of the Services or the Site. Seat Exchange’s liability to in any circumstance is limited to the lesser of (a) 200 GBP, and (b) the total value of any ticket(s) and other items you bought and/or sold via Seat Exchange during the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you. Under no circumstances is Seat Exchange liable for any additional costs You incur if you purchase tickets from a third party to replace tickets you were unable to Purchase on Seat Exchange.

4.3 Allocation of Risk

You acknowledge and agree that the foregoing disclaimers and limitations of liability represent reasonable allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.

4.4 Release

If You have a dispute you release Seat Exchange and all its affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

4.5 Payment of Tax - Indemnity

You acknowledge that Seat Exchange is not under any duty to act (nor does it act) on your behalf to ensure that any relevant taxes are paid to any tax authority. You shall indemnify Seat Exchange and its parents, subsidiaries, affiliates, officers, directors, agents and employees (as applicable) on an after-tax basis against all liabilities, costs, expenses, damages, interest and losses (including reasonable legal costs and expenses) incurred by Seat Exchange and arising out of or in connection with any claim from any third party (including a government claim) that relates to: (i) any liability for any tax or amounts due under a tax regulation, law, order or decree (whether local, regional, country or international); or (ii) any dispute relating to the tax status of Seat Exchange.

4.6 No Agency

You and Seat Exchange are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.

4.7 Third Party Information

We do not control the information provided by other users which is made available through the Site. You may find other users information to be offensive, harmful, inaccurate, or deceptive. Please use caution when using the Site and remember that there are risks of dealing with people acting under false pretences. By using this Site, You agree to accept such risks and agree that Seat Exchange is not responsible for the acts or omissions of users on the Site.

4.8 Third Party Liability

Transactions on the Seat Exchange website take place between Buyers and Sellers and therefore Seat Exchange shall have no liability in the event of a dispute between You and a Buyer or Seller (as applicable). You acknowledge that this is the case and release us from any liability in relation to any claim or demand of any kind whether known or unknown, expected or unexpected, which arises in connection with a dispute between You and a Buyer or Seller (as applicable).

4.9 All Sales are Final

All sales are final. No refunds, cancellations or exchanges will be issued for date or time changes, partial performances, or loss.

4.10 Change or Suspension of Site

Seat Exchange reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that We shall not be liable to You or any third party for any modification, suspension or discontinuance of the Site or any Services under this agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. In addition, the Site could be unavailable during certain periods of time while it is being updated and modified. During this time, the Site will be temporarily unavailable.

4.11 Notices

Except as expressly stated otherwise, all notices to Seat Exchange shall be sent through the email form provided on the Site under the Contact Us link. Our street address is Beechfield House, Winterton Way, Lyme Green Business Park, Macclesfield, Cheshire, SK11 0LP, United Kingdom. Except as expressly stated otherwise, all notices to You shall be sent to the email address You provided to us during the registration process. Such notice shall be deemed given one working day after the email is sent.

5.1 Investigations

We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations.

5.2 Violations, Termination and Suspension

We may take any action that We deem appropriate in our sole discretion including without limitation issuing a warning, suspending or terminating service or denying access. Your purchases may be cancelled if you are a Buyer.

5.3 Disclosure of Information

You agree that Seat Exchange may report any activity that it suspects violates any law or regulation to appropriate law enforcement agencies, regulators, or other relevant third parties. Seat Exchange will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

5.4 Making Adjustments

You authorise us to withhold payment or charge your payment guarantee method any amount You owe us if: (a) an adjustment is made under our Seat Exchange Guarantee as specified in our help pages; or (b) We reasonably believe that You have committed fraud or other illegal act or omission during any buying or selling activity and are asked by any regulatory body to withhold payment or charge your payment guarantee method.

6.1 Double Posting / Removal of Tickets

To list any ticket(s) for sale with Seat Exchange You must first register with the Site. Once any ticket(s) is listed, We strongly discourage You from listing that ticket for sale anywhere else. If You do also list your ticket for sale on another marketplace, You are required to remove this ticket from the Site immediately if it is sold elsewhere. Except as provided herein, You agree not to promote the sale of tickets listed on Seat Exchange on any other website. We reserve the right to monitor, suspend or permanently prevent You from listing tickets on Seat Exchange if You do not provide the exact tickets You listed on Seat Exchange.

6.2 Stolen Goods

The sale of stolen property on the Site is strictly forbidden and violates national and international law. Seat Exchange strongly supports legal efforts to recover stolen property listed on the Site, and We will assist in the prosecution of those responsible for knowingly attempting to sell such items on the Site. Stolen property includes items taken without consent from private individuals, and property taken without authorisation from companies or governments.

6.3 Promotional Material

The Buyer’s name and address is provided to Sellers for the sole purpose of delivering the specific purchased ticket(s) and may not be used by the Seller for any other purpose, either in connection with or separately from such delivery. You agree not to include in your delivery to the Buyer any promotional or other commercial material that is not approved by Us, other than a VAT invoice if requested by the Buyer and Seat Exchange. For the avoidance of doubt, this includes, without limitation, material that promotes any website or invites the Buyer to visit a website other than Seat Exchange, catalogues, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. Including any such items constitutes a material breach of Your agreement with Us. You also agree not to separately contact the Buyer at any time for any reason. We reserve the right to withhold Your payment indefinitely if it is proven that You have violated this clause.

7.1 Intellectual Property

You acknowledge and agree that (i) Our patents, trade marks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual Property") is and shall remain Our sole property, and (ii) nothing in this agreement shall confer in You any right of ownership or license rights in Our Intellectual Property. In addition, You shall not now or in the future contest the validity of Seat Exchange’s Intellectual Property.

7.2 Copyright

© Copyright 2008 Seat Exchange Corp. The software and the Site, including without limitation all text, graphics, logos, buttons, images, audio clips, and computer programs, are the property of Seat Exchange or its partners or suppliers, and are protected by country and international copyright, trademark and other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Seat Exchange and protected by country and international copyright law. Any unauthorised reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.

7.3 Privacy Policy

This Agreement incorporates by reference Our Privacy Policy

7.4 Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales. You consent to the exclusive personal jurisdiction and venue of English courts.

8.1 Safe Harbour

Seat Exchange operates its business in both the United States Of America and in European Union Countries including the United Kingdom. Seat Exchange collects information from European Union residents as described above and has filed a Safe Harbour self-certification with the United States Department of Commerce. The self-certification can be found at Safe Harbour.

8.2 Obligations

We shall at all times comply with the provisions of the Seventh Principle and upon Your request provide You with details of the measures We have taken to comply with the Seventh Principle. We shall permit You at any time and upon fourteen (14) days written notice to have escorted access to the appropriate part of Our data storage facility in the United States to enable You to inspect the same for the purposes of monitoring compliance with the Seventh Principle. We shall only process Personal Data on behalf of the Data Controller in accordance with, and for the purposes set out in this Agreement and on the Site.

8.3 Deleting Data

We shall, within fourteen (14) days of being requested to do so by You, delete all Your information from the Site. For the avoidance of doubt, this shall NOT release You from Your obligations under the terms of this Agreement for any outstanding purchases where You are either the Buyer or the Seller.

8.4 Safe Harbor Referalls

If queries arise concerning privacy matters, you can contact our Chief Privacy Officer at +1 (0) 866-276-7328. Seat Exchange has also entered into an agreement with BBBonline Inc. to review complaints that have not been resolved alleging that Seat Exchange has failed to comply with the Safe Harbour Privacy Principles. BBBonline Inc. can be contacted at 4200 Wilson Boulevard, 8th Floor Arlington, Virginia 22203 USA. The telephone number for the online Privacy Dispute Resolution Intake Center is +1 (0) 703-247-9333 or go to BBB Online.

9.1 Miscellaneous

This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of Seat Exchange, which We can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our partner and suppliers are third-party beneficiaries of this Agreement. This does not prevent us from varying these terms without reference to them. The title at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.