Term
Definition
"Business Day"
means any day other than
a Saturday, Sunday or
bank holiday;
"Calendar Day"
means any day of the
year;
"Contract"
means the contract for
the provision of Services,
as explained in Clause 3;
"Month"
means a calendar month;
"Price"
means the price payable
for the Services;
"Services"
means the services which
are to be provided by Us
to you as specified in
your Order (and
confirmed in Our Order
Confirmation);
"Order"
means your order for the
Services
"Order Confirmation"
means Our acceptance
and confirmation of your
Order
"We/Us/Our"
means WhatMo LTD
trading as WhatMo a
Private Limited Company
registered in England
under number 14725732,
whose registered
address is 150 Albion
Street, Wolverhampton,
England, WV1 3EJ and
whose main trading
address is 150 Albion
Street, Wolverhampton,
England, WV1 3EJ.
"Event"
means any event a user is able to purchase tickets to or which a user
is able to promote and sell tickets
"Promoter"
A user who uses the service provided to promote or sell tickets to
their own event
"App"
Any mobile application developed by WhatMo LTD, available to
users to receive the services
"Ticket"
A digital item a user is able to purchase which acts as an entry pass
into a particular event
"User"
An individual or business that has signed up to WhatMo through the
registration screen of the app
"Booking Fee"
A separate fee to the base ticket fee which is charged additionally
to users
"Website"
The website with the URL https://www.whatmo.app or such other
URL or URLs WhatMo may decide upon
"Rep"
A User who uses the Service to sell and promote Tickets for the Events
of other Promoters, in exchange a commission is paid to each Rep
from the Promoter.
"Accept"
(i) To register to use the Service by means of the registration
process
(ii) To use the Service: agreeing to the terms below
"Customer"
Any User who uses the Service to make registrations or purchases
"Service"
The interaction, entertainment, advertisement, ticket sales and
information provided by WhatMo through the mobile and web
applications
Terms & Conditions
These Terms and Conditions are the standard terms for the provision of services by WhatMo LTD, trading as WhatMo a Private Limited Company registered in England under number 14725732 ,whose registered address is 150 Albion Street, Wolverhampton, England, WV1 3EJ and whose main trading address is 150 Albion Street, Wolverhampton, England, WV1 3EJ.
Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail,text message,fax or other means.
Information About Us
2.1 WhatMo LTD, trading as WhatMo is a Private Limited Company registered in England under number 14725732, whose registered address is 150 Albion Street, Wolverhampton, England, WV1 3EJ and whose main trading address is 150 Albion Street, Wolverhampton, England, WV1 3EJ.
3. The Contract
3.1 The contract between WhatMo and the User commences once the User accepts these terms, remaining in force until termination.
4. Use of the service
4.1 WhatMo gives to the user a personal, non-transferable, limited right to use the app for the purpose of being a Customer or Promoter.
4.2 The user shall not act on the behalf of another individual.
4.3 The user shall notify WhatMo if they have reason to believe that:
- 4.3.1 The password integrity has been breached.
- 4.3.2 There has been unauthorised use of the User’s account.
4.4 WhatMo has the right to suspend a User’s access to the App at any time.
4.5 WhatMo is entitled to close a User account which has been inactive for a period of 6 months. This also applies to Promoter accounts.
4.6 The User agrees to sharing their social media usernames with other Users within the App if entered on their profile.
4.7 The User acknowledges that their profile will be available to view for others attending the same Event.
4.8 WhatMo is not responsible for the content uploaded by Promoters.
4.9 The Promoters are responsible for ensuring Event details are correct. WhatMo is not responsible for incorrect information displayed on the Promoters behalf.
4.10 Should a refund be requested by a User, the Promoter is responsible for dealing with such dispute and handling the outcome. WhatMo is not responsible for such matters.
4.11 WhatMo is entitled to remove an Event that is unsuitable for the platform.
4.12 The Promoter will allow WhatMo to act as a Ticket agent for their Events. WhatMo has the right to charge an additional Booking Fee to the Customer.
4.13 WhatMo shall not be liable to Customers for refunds – please refer to clause 4.10.
5. Orders
5.1 All Orders for Services made by you will be subject to these Terms and Conditions.
5.2 When you purchase a Ticket within the WhatMo App, you will receive the Ticket(s) on your profile in the form of a scannable QR code.
5.3 When the User attends an event, they should present the QR code to be scanned in order to proceed with access to the Event.
5.4 Your ticket order could be cancelled due to an event cancellation, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible. If you have made any payments to us, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.
6. Price and Payment
6.1 Tickets are sold through the app depending on the Users preferred method of payment.
6.2 A booking fee is included with all tickets sold within the app. We may adjust the fee amount at any time without notice.
6.3 In the case of a cancelled event, customers will automatically be refunded the amount paid for the ticket fee. The additional booking fee will not be refunded.
6.4 The app is free to use for Users and Promoters. Tickets sold through the app will have a base fee in addition to a booking fee.
6.5 A customer is entitled to a refund and should handle disputes with the event Promoter unless the ticket has been used.
6.6 If the Promoter accepts a customers request for a refund, the process should be carried out manually by the Promoter within 30 days of the agreement through the app.
6.7 All payments must be made with a debit or credit card. WhatMo does not allow cash payment.
6.8 [Credit and/or debit cards will be charged as soon as the purchase request is made by the User.]
6.9 WhatMo LTD shall ensure that all sums due to the Promoter relating to an Event are available to be withdrawn by the Promoter after three (3) days from the end of the Event.
7. Providing the Services
7.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards and in accordance with any information provided by Us about the Services and about Us.
7.2 We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 10 for events outside of Our control.
8. Problems with the Services
8.1 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible.
9. Our Liability
9.1 WhatMo is a ticketing platform that does not host or promote Events.
9.2 WhatMo acts as an agent facilitating the sale of tickets on behalf of the Event Hosts. At no point do we purchase tickets or set prices.
9.3 WhatMo is not liable for Ticket purchases made within the App or Website.
9.4 WhatMo is not responsible for a Customers experience at an Event.
9.5 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
9.6 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
9.7 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
9.8 WhatMo does not guarantee that the app or content will always be available. In certain cases we may need to withdraw availability for users for maintenance and operational reasons.
10. Events Outside of Our Control (Force Majeure)
10.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
10.2 If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
10.2.1 We will inform you as soon as is reasonably possible;
10.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
10.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
10.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;
10.2.5 If the event outside of Our control continues for more than 2 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 10.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.
10.2.6 post at WhatMo LTD, 150 Albion Street, Wolverhampton, England, WV1 3EJ.
11. How We Use Your Personal Information (Data Protection)
We will only use your personal information as set out in Our Privacy Policy..
12. Intellectual Property and right to use
17.1 You acknowledge and agree that all intellectual property rights (including copyright, trademarks, logos, graphics, photos, illustrations, videos and rights to ours software) in the form of content within our App shall be owned by WhatMo.
17.2 You acknowledge that content within the App is available for personal use only and that downloads may only be made to a single device. The act of copying or reproducing such content is prohibited.
17.3 You acknowledge you are responsible for User Generated Content and WhatMo is not connected to opinions expressed within the App through text, Event listings and images.
13. Third Party Links
12.1 As part of the functionality of the services, you may link your account with online accounts you have with other third-party service providers.
12.2 Accounts can be connected through redirect links, WhatMo will not ask for access to third-party account information.
12.3 As the User, you understand these details will be shared with others within the App.
14. Other Important Terms
14.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
14.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
14.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
16. Governing Law and Jurisdiction
16.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
16.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
16.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail,text message,fax or other means.
2. Information About Us
2.1 WhatMo LTD, trading as WhatMo is a Private Limited Company registered in England under number 14725732, whose registered address is 150 Albion Street, Wolverhampton, England, WV1 3EJ and whose main trading address is 150 Albion Street, Wolverhampton, England, WV1 3EJ.
3. The Contract
3.1 The contract between WhatMo and the User commences once the User accepts these terms, remaining in force until termination.
4. Use of the service
4.1 WhatMo gives to the user a personal, non-transferable, limited right to use the app for the purpose of being a Customer or Promoter.
4.2 The User shall not act on the behalf of another individual.
4.3 The User shall notify WhatMo if they have reason to believe that:
- 4.3.1 The password integrity has been breached.
- 4.3.2 There has been unauthorised use of the User’s account.
4.4 WhatMo has the right to suspend a User’s access to the App at any time.
4.5 WhatMo is entitled to close a User account which has been inactive for a period of 6 months. This also applies to Promoter accounts.
4.6 The User agrees to sharing their social media usernames with other Users within the App if entered on their profile.
4.7 The User acknowledges that their profile will be available to view for others attending the same Event.
4.8 WhatMo is not responsible for the content uploaded by Promoters.
4.9 The Promoters are responsible for ensuring Event details are correct. WhatMo is not responsible for incorrect information displayed on the Promoters behalf.
4.10 Should a refund be requested by a User, the Promoter is responsible for dealing with such dispute and handling the outcome. WhatMo is not responsible for such matters.
4.11 WhatMo is entitled to remove an Event that is unsuitable for the platform.
4.12 The Promoter will allow WhatMo to act as a Ticket agent for their Events. WhatMo has the right to charge an additional Booking Fee to the Customer.
4.13 WhatMo shall not be liable to Customers for refunds – please refer to clause 4.10.
Orders
5.1 All Orders for Services made by you will be subject to these Terms and Conditions.
5.2 When you purchase a Ticket within the WhatMo App, you will receive the Ticket(s) on your profile in the form of a scannable QR code.
5.3 When the User attends an event, they should present the QR code to be scanned in order to proceed with access to the Event.
5.4 Your ticket order could be cancelled due to an event cancellation, or due to the occurrence of an event outside of Our reasonable control. If such cancellation is necessary, We will inform you as soon as is reasonably possible. If you have made any payments to us, the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. Cancellations will be confirmed in writing.
6. Price and Payment
6.1 Tickets are sold through the app depending on the Users preferred method of payment.
6.2 A booking fee is included with all tickets sold within the app. We may adjust the fee amount at any time without notice.
6.3 In the case of a cancelled event, customers will automatically be refunded the amount paid for the ticket fee. The additional booking fee will not be refunded.
6.4 The app is free to use for Users and Promoters. Tickets sold through the app will have a base fee in addition to a booking fee.
6.5 A Customer is entitled to a refund and should handle disputes with the event promoter unless the ticket has been used.
6.6 If the Promoter accepts a Customers request for a refund, the process should be carried out manually by the Promoter within 30 days of the agreement through the app.
6.7 All Payments must be made with a debit or credit card. WhatMo does not allow cash payment.
6.8 [Credit and/or debit cards will be charged as soon as the purchase request is made by the User.]
6.9 WhatMo LTD shall ensure that all sums due to the Promoter relating to an Event are available to be withdrawn by the Promoter after three (3) days from the end of the Event.
7. Providing the Services
7.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards and in accordance with any information provided by Us about the Services and about Us.
7.2 We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 10 for events outside of Our control.
8. Problems with the Services
8.1 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible.
9. Our Liability
9.1 WhatMo is a ticketing platform that does not host or promote Events.
9.2 WhatMo acts as an agent facilitating the sale of tickets on behalf of the Event Hosts. At no point do we purchase tickets or set prices.
9.3 WhatMo is not liable for Ticket purchases made within the App or Website.
9.4 WhatMo is not responsible for a Customers experience at an Event.
9.5 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
9.6 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
9.7 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
9.8 WhatMo does not guarantee that the app or content will always be available. In certain cases we may need to withdraw availability for users for maintenance and operational reasons.
10. Events Outside of Our Control (Force Majeure)
10.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
10.2 If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
10.2.1 We will inform you as soon as is reasonably possible;
10.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
10.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
10.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 10.3.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;
10.2.5 If the event outside of Our control continues for more than 2 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 10.6.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.
10.2.6 post at WhatMo LTD, 150 Albion Street, Wolverhampton, England, WV1 3EJ.
11. How We Use Your Personal Information (Data Protection)
We will only use your personal information as set out in Our Privacy Policy..
12. Intellectual Property and right to use
17.1 You acknowledge and agree that all intellectual property rights (including copyright, trademarks, logos, graphics, photos, illustrations, videos and rights to ours software) in the form of content within our App shall be owned by WhatMo.
17.2 You acknowledge that content within the App is available for personal use only and that downloads may only be made to a single device. The act of copying or reproducing such content is prohibited.
17.3 You acknowledge you are responsible for User Generated Content and WhatMo is not connected to opinions expressed within the App through text, Event listings and images.
13. Third Party Links
12.1 As part of the functionality of the services, you may link your account with online accounts you have with other third-party service providers.
12.2 Accounts can be connected through redirect links, WhatMo will not ask for access to third-party account information.
12.3 As the User, you understand these details will be shared with others within the App.
14. Other Important Terms
14.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
14.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
14.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
14.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
14.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
15.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
15.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
Term
Definition
"Business Day"
means any day other than a Saturday, Sunday or bank holiday;
"Calendar Day"
means any day of the year;
"Contract"
means the contract for the provision of Services, as explained in Clause 3;
"Month"
means a calendar month;
"Price"
means the price payable for the Services;
"Services"
means the services which are to be provided by Us to you as specified
in your Order (and confirmed in Our Order Confirmation);
"Order"
means your order for the Services [as attached]
"Order Confirmation"
means Our acceptance and confirmation of your Order
"We/Us/Our"
means WhatMo LTD trading as WhatMo a Private Limited Company
registered in England under number 14725732, whose registered
address is 150 Albion Street, Wolverhampton, England, WV1 3EJ and
whose main trading address is 150 Albion Street, Wolverhampton,
England, WV1 3EJ.
"Event"
means any event a user is able to purchase tickets to or which a user
is able to promote and sell tickets
"Promoter"
A user who uses the service provided to promote or sell tickets to
their own event
"App"
Any mobile application developed by WhatMo LTD, available to
users to receive the services
"Ticket"
A digital item a user is able to purchase which acts as an entry pass
into a particular event
"User"
An individual or business that has signed up to WhatMo through the
registration screen of the app
"Booking Fee"
A separate fee to the base ticket fee which is charged additionally
to users
"Website"
The website with the URL https://www.whatmo.app or such other
URL or URLs WhatMo may decide upon
"Rep"
A User who uses the Service to sell and promote Tickets for the Events
of other Promoters, in exchange a commission is paid to each Rep
from the Promoter.
"Accept"
(i) To register to use the Service by means of the registration
process
(ii) To use the Service: agreeing to the terms below
"Customer"
Any User who uses the Service to make registrations or purchases
"Service"
The interaction, entertainment, advertisement, ticket sales and
information provided by WhatMo through the mobile and web
applications
Terms & Conditions
