Terms of Use - United Kingdom

Website and Applications Terms of Use

Last Revised: 16 December, 2024

Introduction

These are the terms and conditions of use for www.todaytix.co.uk ( Site ) and mobile applications (Applications). The Site and Applications are operated by Todaytix, Ltd (we, us and our). We are a limited company, registered in England. Our registered company number is 09362667, and our registered office is at 5 New Street Square London EC4A 3TW. We are a provisional member of the Society of Ticket Agents and Retailers.

Your use of the Site and Applications will be subject to these terms and conditions and by using the Site and Applications you agree to be bound by them.

We reserve the right to change these terms and conditions from time to time by changing them on the Site and Applications.

About us

TodayTix is a mobile application and web site for purchasing theatre tickets. In some cases you will be purchasing theatre tickets from us directly, and in other cases we will be acting as agent on behalf of the theatre ("Owner") from whom you will be purchasing theatre tickets and who has authorised us to sell the theatre tickets on their behalf.

How we work

You can download the TodayTix Application onto your iOs or Android device for free and browse for tickets of theatre performances. If you would like to purchase a ticket, you will need to register a payment card with the Application. TodayTix reserves the right to refuse to accept any users at its sole discretion. You will then have access to the Owner's inventory where you can choose your seats and purchase your tickets. You can pay for your ticket via our third party payment providers. Once you have purchased your tickets, you will receive a confirmatory e-mail confirming (amongst other things) the number of tickets, price and reference number. You will need to bring a form of personal identification and your reference number when you collect your tickets from the venue. We will send you a reminder email before you are due to attend your theatre performance.

Ordering and availability

Tickets may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order by tapping the “BUY NOW" button on the checkout page on our app, or by clicking "Click again to pay now" on our website. In respect of tickets purchased directly from us, the contract between you and us in relation to the Tickets ordered (Contract) will only be formed when we send you an email confirming your purchase (Order Confirmation). After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract. In respect of ticket sales where we are acting as agent on behalf of the Owner, such contract will be between you and the Owner, and the Owner will be the party under a legal duty to supply you with goods that are in conformity with the contract. In such cases our role is merely to facilitate the purchase of your tickets from the relevant Owner, by acting as the Owner's agent to sell the tickets. In respect of tickets purchased directly from us:

(i) TodayTix guarantees that the ticket you purchase through the Services will provide valid entry to the event described on the ticket, and that the ticket you receive from us will be the same one as the one purchased through the Services.

(ii) If the ticket you receive from us is not the same one as purchased through the Services, then TodayTix will provide you with a ticket of the equivalent face value or, if we cannot provide this, we will provide a full refund, including any TodayTix fees.

In the event a live event is cancelled or postponed, TodayTix will attempt to contact you to inform you of refund or exchange procedures. TodayTix or Owner, as applicable, guarantees that if an event is cancelled and not rescheduled, TodayTix, or where the ticket is purchased from the Owner, will facilitate a return of the full purchase price of your tickets in the form of a Voucher for the transaction amount. A Voucher is a credit worth the same amount as the total amount charged in the original transaction. If TodayTix does not receive a written request for a refund (not including any applied booking or order fees) in lieu of a Voucher within ten (10) days from the issuance of the Voucher, then it will consider the offer of a Voucher in lieu of refund to be accepted by the Customer. Should a Voucher be used towards the purchase of a future event that itself is subsequently cancelled, a replacement Voucher in the amount of the purchase price (not including booking, handling, or order fees) will be issued and this will not be replaced by a Voucher relative to the value of that successive transaction. For exact instructions, or to request a refund for any cancelled or postponed event, please visit https://support.todaytix.com/support/home.

Risk and title

Tickets ordered will be at your risk from the time you collect the ticket. Ownership of the Tickets ordered will also pass to you on collection, provided full payment of all sums due in respect of the Tickets has been received.

Price and payment

The price of Tickets is as quoted on the Site and Applications. If applicable, prices include VAT. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Payment for all orders must be made by credit or debit card on the checkout page.

We will not charge your credit or debit card until we send you your Order Confirmation.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.

Cancellation and refunds

You may not cancel the Contract for Tickets once you have placed an order and they may not be returned to us for a refund or exchange.

Latecomers

Customers who arrive late for a performance may not be admitted until a suitable break. Certain venues/productions may not admit latecomers at all. You must enquire with the venue for specific information on their latecomer policy. In the event that it is not possible to admit a latecomer for any reason, no refunds will be offered.

Referral Codes, Credits, and Vouchers.

TodayTix reserves the right to cancel any referral program at any time. TodayTix may from time to time, in our sole discretion, issue customer service credits and/or vouchers, which TodayTix reserves with right to revoke with or without notice.

Our liability

Nothing in these terms and conditions shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
• under Part I of the Consumer Protection Act 1987; or
• for any other liability that may not, under English law, be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Tickets and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.

Access to the Site and Applications

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and Applications and is compatible with the Site and Applications.

We may, from time to time, restrict access to certain features, parts or content of the Site and Applications, or the entire Site and Applications, to users who have registered with us. You must ensure that any registration details you provide are accurate. If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions or if any details you provide for the purposes of registering as a user prove to be false.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site and Applications. There may be times when certain features, parts or content of the Site and Applications, or the entire Site and Applications, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site and Applications, or any features, parts or content of the Site and Applications.

What you are allowed to do

You may only use the Site and Applications for non-commercial use and only in accordance with these terms and conditions. You may retrieve and display content from the Site and Applications on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and Applications and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these terms and conditions, you are not allowed to:

• store pages of the Site and Applications on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Site and Applications;
• remove or change any content of the Site and Applications or attempt to circumvent security or interfere with the proper working of the Site and Applications or the servers on which it is hosted; or
• create links to the Site and Applications from any other website, without our prior written consent.

You must only use the Site and Applications and anything available from the Site and Applications for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.

All rights granted to you under these terms and conditions will terminate immediately in the event that you are in breach of any of them.

Intellectual property rights

All intellectual property rights in any content of the Site and Applications (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site and Applications. Downloading, distributing, or sharing ticketed video content booked through an account on TodayTix is strictly prohibited. In the event you print off, copy or store pages from the Site and Applications (only as permitted by these terms and conditions), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Content

We may change the format and content of the Site and Applications from time to time. You agree that your use of the Site and Applications is on an {"'as is'"} and {"'as available'"} basis and at your sole risk.

Whilst we try to make sure that all information contained on the Site and Applications (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except to the extent that our Site and Applications Terms of Supply apply, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and Applications and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site and Applications or relying on any of its content.

We cannot and do not guarantee that any content of the Site and Applications will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of content.

Your personal information

Use of your personal information submitted to or via the Site and Applications is governed by our Privacy and Cookie Policy.

User content

The Site and Applications may allow you to upload user-generated content in public areas so that you may review the Applications in the comments pages and/or message boards (collectively User Content Areas). We do not control the material submitted to User Content Areas (collectively User Submissions), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.

If you participate in any User Content Areas, you must:

• keep all User Submissions relevant to the purpose of the User Content Area;
• not submit any User Submission that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
• not submit any User Submission that contains any viruses and/or other code that has contaminating or destructive elements;
• not submit any User Submission containing any form of advertising; and
• not impersonate, or misrepresent an affiliation with, any person or entity.

You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.

Whilst we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.

Complaints about the content of any User Submission must be sent to UKsupport@todaytix.com and must contain details of the specific User Submission giving rise to the complaint.

External links

The Site and Applications may, from time to time, include links to external Site and Applications, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these Site and Applications or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external Site and Applications does not imply any endorsement of or association with their operators or promoters.

Rush

Rush is an opportunity to access exclusive low-price tickets. Every performance day, a limited number of Rush tickets are released on a first-come, first-served basis.

How to unlock:

• Click “Unlock now”

• Click “Share on Instagram stories”, “Share on Twitter”, “Share on Facebook” 

  • You may also click on “Unlock without sharing”

Once unlocked, the feature will remain unlocked for that show until you make a purchase to that show. 

If you select one of the “Share” buttons within the Application, TodayTix will make available to you a personalized link with verbiage and/or imagery which you may choose to share with your friends via the social networking site(s) (“SNS”) you selected. Once you have shared the personalized link through an SNS using the Application, or if you have selected “Unlock without sharing,” TodayTix will make provide you access to our Rush Program, alerting you when Rush tickets become available at the advertised price.

Rush Tickets are available on a first-come, first-served basis. Unlocking does not guarantee customers' ability to hold and purchase Rush tickets. Rush prices are subject to change. TodayTix makes no guarantees as to availability.

General

You may not transfer or assign any or all of your rights or obligations under any Contract.

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply.

These terms and conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or any Contract will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property

Ticket Protection

When purchasing a ticket(s) on the TodayTix app, TodayTix may offer users optional Ticket Protection for an additional price for select shows and/or events listed on TodayTix. 

How it works: When a user chooses to purchase Ticket Protection (when available) and cancels their order 24 hours or more before the advertised start of the show, they will be issued a TodayTix voucher worth 100% of the price of their order, including related order fees, but less the price of the Ticket Protection. If a show/event is canceled for any reason, a voucher worth 100% of the price of the order, including Ticket Protection fees, will be issued. Ticket Protection vouchers can be redeemed for up to a year from the date the voucher is issued for any show with ticket availability on TodayTix within the United States. 

If a user has purchased Ticket Protection and wishes to cancel their respective ticket order within the TodayTix app:

• Click “Account”
• Click on “My Orders” 
• Find the respective show you want to cancel
• Click “Options”
• Click “Cancel with Ticket Protection”
• When prompted, “Confirm” you are sure
• You will receive an email confirmation with your TodayTix voucher, along with instructions on how to use a voucher on TodayTix

Details:

• The advertised Ticket Protection fee is per ticket, and, when Ticket Protection is selected by the User, will be applied to all tickets within the respective transaction.
• Shows eligible for ticket protection are chosen at the sole discretion of TodayTix. 
• Ticket Protection can only be made during the checkout process for the respective show you are purchasing tickets for. You may not add Ticket Protection after your order is complete. 
• Ticket Protection fees are non-refundable. 
• All times are based solely on Company’s computer clock. 
• When using any type of voucher code to purchase tickets on TodayTix, your order cannot be combined with any other promotional code, gift card, or another voucher code. 
• Vouchers have no cash value and cannot be exchanged for cash.
• Vouchers will have a declining balance and can be used on multiple occasions, however, vouchers will be locked to the first device they are used on.

If you have any questions about Ticket Protection, please contact UKSupport@todaytixgroup.com.

TodayTix Loyalty Program Terms and Conditions

Effective as of July 3, 2024, the loyalty and rewards program for TodayTix Inc. (“we” or “us” or “TodayTix” or the “Company”) is the TodayTix Loyalty Program (the “Loyalty Program”). The Loyalty Program replaces many prior iterations of rewards, including the Perks credit program (collectively, the “Prior Loyalty Programs”). 

The Loyalty Program operates under the terms and conditions as set out below unless otherwise expressly stated (the “Program Rules” or “Loyalty Program Rules”). The Program Rules govern the Company’s relationship with members of the Loyalty Program (collectively, “Members,” and individually, a “Member,” or “you”), including how Members manage their accounts, book reservations, achieve status, and earn and redeem TixCash (“TixCash”) (collectively “Benefits”).

• When you register for an account on the TodayTix App and/or via the TodayTix website, a membership account will automatically be created and your use of the TodayTix App and/or TodayTix website will allow you to receive and redeem benefits of the Loyalty Program, including TixCash (“Account” or “Membership Account”) , you agree that you have read and accept these Program Rules; and you have read and accept the Company’s Terms of Use (the “Terms”) which are incorporated by reference herein. Initial capitalized terms used in these Program Rules but not otherwise defined herein shall have the meaning assigned to them in the Terms.

Where permitted by law, Loyalty Program benefits, amenities, offers, awards and services are subject to availability and may be changed by the Company at any time without notice, otherwise we shall give you 30 days notice of any changes to the Loyalty Program (“Program Rule Changes”). Where there is a Program Rule Change,  your continued participation in the Loyalty Program will constitute your acceptance of any such Program Rule Changes.

The Company may terminate the Loyalty Program, in whole or in part, with six (6) months' advance notice to all active Members and with less than six months' notice in any jurisdiction if required to do so by applicable law. 

1. JOIN THE LOYALTY PROGRAM

   1. Eligibility/Conditions of Enrollment

      1. Completing the Account sign-up. by creating an account on the Site or Application  a user is automatically enrolled in the Loyalty Program. Membership in the Loyalty Program is free and available to any individual who: (a) possesses the legal authority to agree to the Program Rules; (b) resides in a jurisdiction which legally permits participation in the Loyalty Program; (c) is not a resident of Crimea, Cuba, Donetsk People’s Republic, Iran, Luhansk People’s Republic, North Korea, and Syria; (d) provides valid and accurate personal information when enrolling in the Loyalty Program; (e) is not already a member of the Loyalty Program (i.e., does not already have a Membership Account); and (f) has not previously been terminated from the Loyalty Program or any of the Prior Loyalty Programs by the Company.
      2. Loyalty Program Rules. Members are responsible for reading and understanding the Loyalty Program Rules, and other communications from the Company about the Loyalty Program in order to understand his/her rights, responsibilities, and status in the Loyalty Program. If a Member has any questions about the Loyalty Program or these Program Rules, the Member should contact Member Support.
      3. Privacy Policy. Members are responsible for reading the Company’s Privacy Policy in order to understand how the Company collects, uses, and discloses a Member’s data. If a Member has any questions about the Company’s Privacy Policy or its collection, use, or disclosure of a Member’s data, the Member should contact Member Support.
      4. Duplicate Accounts. A Member may not have one or more duplicate Accounts under the Loyalty Program at any time. Duplicate Membership Accounts may be canceled.
      5. Personal Profile. Information provided by a Member will be maintained in a personal preference profile with the Membership Account. All information provided by a Member in his/her personal profile must be valid and accurate and must be kept current.

   2. Benefits of Membership

      1. Membership in General.

      2. Benefits of being a Member of the Loyalty Program will apply only to purchases made by a Member who is signed in on his or her Member Account.   Benefits vary by Membership Status. More information can be found below.

         1. When creating an account, a user joins the Loyalty Program, they will automatically become a member.  Upon reaching certain milestones, a Member will earn tier membership status (“Membership Status”) and become a Red Tier, Silver Tier or Gold Tier Member. The requirements for earning Membership Status are set forth in Section 3 of these Program Rules.
         2. The awarding of Membership Status benefits is void where prohibited by law and may vary outside the United States and the UK and Australia.
         3. Some Benefits may not be available in connection with some venues or shows or events.
      3. Membership Requirements.
      4. Only Qualifying Tickets purchased with a Member Account are credited toward the Member’s achievement of Membership Status. For purposes hereof, “Qualifying Ticket” means an Eligible Ticket for which you do not request a refund or cancellation of and which event, show or performance is not otherwise canceled and “Eligible Ticket” means a purchase of a ticket on the Site and/or Applicable which ticket costs more than £5 (not including any taxes or any other mandatory governmental charges or fees).

      5. To achieve Membership Status, the following number of Qualifying Tickets must be purchased between January 1 and December 31 of any given calendar year:

         1. Member Tier: 0 to 1 Qualifying Tickets
         2. Red Tier: 2 to 5 Qualifying Tickets
         3. Silver Tier: 6 to 9 Qualifying Tickets
         4. Gold Tier: 12+ Qualifying Tickets

Benefits of a specific tier of Membership Status will last until December 31 of the year following attainment of a given Membership Status, subject to exceptions for certain benefits such as TixCash (as defined below) and Seat Upgrade (as defined below).

1. Membership Benefits.

2. Membership Status Tier Benefits. All members  are eligible to receive the following Benefits:

   1. Access to members prices / member deals.
   2. Rush Program. Access to this benefit is available only through the Application.
   3. Lottery Program. Access to this benefit is available only through the Application.
   4. Member Support. All Members can contact the TodayTix Member Support Team via our Help Center.

3. Red Tier Membership Benefits. In addition to the benefits all Members receive, Red Tier Members are eligible to receive the following Benefits:

   1. TixCash Credit. Upon achieving Red Tier Membership Status, the Member will receive £4 in TixCash credited to their Member Account. For more information about TixCash, please see below.
   2. Lottery Multiplier. Red Tier Members will have any entries they make into any given Lottery multiplied by 2x. This benefit is subject to the rules and conditions governing the Lottery program. Access to this benefit is available only through the Application.

4. Silver Tier Membership Benefits. In addition to all of the benefits Red Tier Members receive, Silver Tier Members are eligible to receive the following Benefits:

   1. £8 TixCash Credit. Upon achieving Silver Tier Membership Status, the Member will receive £8 in TixCash credited to their Member Account.  For more information about TixCash, please see below.
   2. Early Access to select Promos/Presales. This benefit is based on availability. Silver Tier and Gold Tier Members will have early access to certain Promos/Presales as determined by the Company in its discretion from time to time. Members in the Silver and Gold tiers will be able to shop a select number of promotions and ticket pre-sales earlier than non Silver and Gold members. Silver and Gold members will receive marketing communications informing them when they can shop early.
   3. Access to Drops. Drops are heavily discounted tickets that are only accessible to Silver and Gold members in the TodayTix app. Currently, Drop tickets are only available on the iOS app and will be made available on the Android app in the coming months. Inventory varies and is not guaranteed. This benefit is subject to availability.  Access to this benefit is available only through the Application.
   4. Invite to TodayTix Moments.  Silver Tier Members will be eligible for invitation to certain TodayTix Moments. Tickets to such events for Silver Tier Members requires purchase of a ticket and is subject to the specific terms and conditions of such event, as well as availability. TodayTix Moments include invites to and attendance at meet and greets, cast talkbacks and exclusive interviews.

5. Gold Tier Membership Benefits. In addition to all of the benefits SilverTier Members receive, Gold Tier Members are eligible to receive the following Benefits:

   1. 10% Discount. Gold Tier Members will automatically receive 10% off their final checkout price for purchases made through the TodayTix app as long as the Member retains Gold Tier Membership Status. As of 16 December, 2024, this benefit no longer expires after 180 days and remains active throughout the duration of Gold Tier Membership Status. This benefit cannot be used for either Rush or Lottery access program purchases or for tickets purchased through Drops.

      1. New Annual Savings Cap (Effective 1 January, 2025):

         1. The 10% Discount is subject to an annual maximum savings cap of £120 per calendar year, irrespective of the number of purchases.
         2. Additionally, each ticket purchase is subject to a maximum savings of £8 per ticket.
   2. Prioritized Member Support. Gold Tier Members will have prioritized Member Support in the event of any questions or issues.
   3. Free Seat Upgrade.  Subject to any restrictions, Gold Tier Members are entitled to one seat upgrade (“Seat Upgrade” and “Upgraded Seat”), subject to availability. Upon achieving Gold Tier Membership Status, at checkout, an eligible Member will be presented with an upgrade option, provided such Member has a maximum of two tickets in their basket and seats are available. This benefit expires, if unused, 180 days  from the date on which the Member attains Gold Tier Membership Status.  The Company cannot guarantee that a Seat Upgrade will be available and therefore is not liable for failure to process any Seat Upgrade. Available seats within the seat map does not necessarily mean these seats are part of inventory available for Seat Upgrades. The Company reserves the right to limit inventory made available for Seat Upgrades for any particular show or showing for any reason. 
   4. Ticket Protection. Gold Tier Members will be offered ticket protection on eligible purchases for only £1 per ticket. This benefit is subject to the terms and conditions of the Ticket Protection program.
   5. Invite to TodayTix Moments – Free Access.  Gold Tier Members will be eligible for invitation to certain TodayTix Moments. Tickets to such events for Gold Tier Members requires purchase of a ticket and is subject to the specific terms and conditions of such event, as well as availability. TodayTix Moments include invites to and attendance at meet and greets, cast talkbacks and exclusive interviews. 

6. Membership Communications

   1. New Members will receive Loyalty Program communications.
   2. All Loyalty Program communications will be sent to a Member’s mailing address or email address currently provided in the Member’s Account. Communications delivered to the address on file will be deemed to have been received one (1) business day after sending it if delivered to the Member’s email address or five (5) business days after sending it if delivered to the mailing address provided. Members must keep their email and mailing addresses current. Neither the Company nor the Loyalty Program shall have any responsibility for misdirected or lost mail or any consequences thereof.
   3. A Member can review his/her TixCash balance and transaction history and update personal details in the Account profile on the account page of the Site and/or the Application.

7. Other Conditions of Enrollment

   1. Cancelling or Suspending Membership Accounts

      1. Cancelling by Member. A Member may cancel his/her membership in the Loyalty Program at any time by sending written notice of cancellation to the TodayTix Member Support Team via our Help Center. All unredeemed TixCash, as well as any Benefits, other member benefits and Membership Status, will be forfeited immediately and may not be reinstated or transferred.

      2. Cancelling or Suspending by the Company. The Company may cancel a Member’s accumulated TixCash, suspend Loyalty Program Benefits, suspend Membership Status, or cancel a Member’s Account at any time with immediate effect and without written notice, for any reason and in the Company's sole discretion including, without limitation, if the Company believes the Member has:

         1. Acted in a manner inconsistent with applicable laws, regulations, ordinances;
         2. Failed to pay any bill or fulfill any financial obligation, when due to the Company or at any theater or venue or with any partner of the Company;
         3. Acted in an inappropriate, fraudulent, abusive or hostile manner;
         4. Breached or violated any of these Program Rules or our Terms of Use;
         5. Fraudulently claimed eligibility to earn benefits through any events or purchases; or
         6. Engaged in any misconduct or wrongdoing in connection with the Loyalty Program including, without limitation, with respect to TixCash, use of any if the Benefits, or any other Member benefits.
      3. Bankruptcy. Subject to applicable law, a Member’s membership in the Loyalty Program will terminate automatically upon the Member filing for bankruptcy or otherwise being subject to a bankruptcy proceeding.
      4. Legal Action. Nothing contained in these Program Rules will limit the Company in the exercise of any legal or equitable rights or remedies.

   2. Effect of Membership Cancellation

      1. On cancellation of membership in the Loyalty Program for any reason, all unredeemed TixCash, Benefits and other related benefits and services will be forfeited and a Member will no longer be able to participate in the Loyalty Program. TixCash, Benefits and other related benefits and services have no cash value and the Company will not compensate or pay cash for any forfeited or unused TixCash.
      2. If the Company cancels a Member’s Account for any reason, the Member may not reapply for membership in the Loyalty Program except in very limited circumstances at Company’s sole discretion, and any unauthorized Account opened in the Member’s name following cancellation, as well as TixCash, Benefits and other related benefits and services earned in that Account will be forfeited upon discovery.
      3. If a Member cancels his/her Account, the Member may reapply for membership in the Loyalty Program at a later date, but no TixCash, Benefits and other related benefits and services previously forfeited or expired will be reinstated to the Member Account and any Membership Status will not be reinstated.
   3. Modification of Program. Except as otherwise expressly prohibited or limited by applicable laws, the Company has the right to change, limit, modify or cancel the Loyalty Program Rules and Benefits, with 30 days notice, even though such changes may affect the value of TixCash, or the ability to obtain certain Benefits. The Company may, among other things: (i) increase or decrease the amount of TixCash received for attaining a specific Membership Status; (ii) increase or decrease the amount of any Benefit or otherwise modify any Benefit; (iii) withdraw, limit, modify or cancel any Benefits; (iv) change program benefits, conditions of participation, rules for earning, redeeming, retaining or forfeiting TixCash, or rules governing the use of Benefits. In accumulating TixCash or other Benefits, Members may not rely upon the continued availability thereof.  Any changes will not affect the TixCash and Benefits already accrued.
   4. Termination of Program. The Company may terminate the Loyalty Program with six (6) months' advance notice to all active Members. If the Loyalty Program is terminated, each Member will have six (6) months to redeem any TixCash accrued Benefits following which all unredeemed TixCash will be forfeited without any obligation or liability, and no Benefits claims will be honored after the conclusion of the notice period. The Company may terminate any of the Loyalty Program in whole or in part, in any jurisdiction on less than six months' notice if required to do so by applicable law.
   5. Benefits Subject to Availability and Modification. All Loyalty Program Benefits and services are subject to availability and where required by law may be changed at any time without notice or on 30 days notice in all other circumstances.
   6. Eligibility to Receive Benefits. By accepting any Loyalty Program benefits, amenities, offers, awards or services, including, any TixCash or Benefits, a Member acknowledges that he/she is responsible for determining whether he/she is eligible to receive, and that he/she is eligible to receive, such Loyalty Program benefits, amenities, offers, awards or services (including, without limitation, TixCash and Benefits) under applicable laws, gift policies and incentive policies. Each Member must immediately notify the Company if he/she is not eligible to receive any Loyalty Program benefits, amenities, offers, awards or services at any time.
   7. Eligibility Notification. A Member must promptly notify the Company in the event that (i) he/she is not eligible for any reason, including, without limitation, pursuant to any applicable laws, gift policies or incentive policies, to earn TixCash, Benefits, Membership Status, or any other benefits that a Member may earn under the Loyalty Program, or (ii) his/her Member Account has been credited with any TixCash, Membership Status, or any other benefit that a Member may earn under the Loyalty Program that he/she has not earned or is not eligible to earn.
   8. No Sale or Transfer. Except as expressly permitted in the Program Rules, TixCash, Benefits, and other Member benefits may not be sold, bartered or transferred (other than by the Company or its agents). Any attempted transfer, sale or barter will be void and will be confiscated. The Company and its partners may refuse to honor or recognize any TixCash, Benefits, or Member benefits which the Company believes may have been transferred, sold or bartered.

8. TixCash

   1. Earning TixCash. Members may earn TixCash (the currency of the Loyalty Program), for obtaining certain Membership Status. TixCash is a loyalty discount redeemable toward future purchases on the Digital Properties. When you make a purchase, no additional consideration is required from you to obtain TixCash but in order to earn and redeem TixCash, you must create and maintain your Member Account, check out while logged into that Account and attend the show associated with the purchased tickets. TixCash may only be redeemed on the Application. TixCash is earned upon reaching Red Tier  £4 and Silver Tier £8 Membership Status, subject to the exceptions set forth in these Program Rules. When you login to your Account, you may view your TixCash balance.
   2. TixCash and other Member Benefits Subject to Program Rules. As set forth above, the accumulation of TixCash is subject to the Program Rules. Each Member is responsible for reading the Program Rules, newsletters, and Account statements in order to understand his or her rights, responsibilities, and status in the Loyalty Program, as well as the structure for earning Benefits. 
   3. TixCash Expiration Policy. A Member will receive TixCash upon their attainment of Red Tier and Silver Tier Membership Status (as detailed above). TixCash will expire within 180 days  from the date on which the Member attains the applicable Membership Status unless otherwise specified at the time of earning and specifically excluding bonus TixCash. Earning additional TixCash will extend the expiration date for all earned TixCash in your account (excluding bonus TixCash). By way of example, if you earned £4 in TixCash by purchasing two (2) Eligible Tickets and which became Qualifying Tickets (as defined in Section 3 of these Program Rules) on March 1, 2024, and you purchased four (4) additional Eligible Tickets (as defined Section 3 of these Program Rules) which became Qualifying Tickets on July 31, 2024, then the expiration date for your £4 in earned TixCash (in addition to your  £8 in TixCash earned by attaining Silver Tier Member Status) will be extended to 11:59 PM EST on January 27, 2025. However, if (by way of example) you have the same scenario as above, but purchase an Eligible Ticket on July 31, 2024, which could not be considered a Qualifying Ticket until September 15, 2024, then the expiration date for your initial £4 in earned TixCash will not be extended. Once TixCash has expired, the TixCash cannot be reinstated, but a Member can earn new TixCash in the following calendar year, unless that Member’s Account has been deactivated. TixCash redeemed by a Member prior to the expiration date are still valid even though the Eligible Ticket may not have become a Qualifying Ticket at the time of TixCash expiration.  You will not earn TixCash upon achieving Gold tier, however Gold members may receive TixCash in the form of bonuses or at random at the discretion of the Company.
   4. Refund of TixCash. TixCash is non-refundable once used for a purchase. However, if TixCash is used to buy a ticket and the Member either uses their ticket protection (if applicable) or the event is canceled by the host, the TixCash will be credited back to the Member's account with the original expiration date.
   5. Certain Restrictions.  Unless required by law, TixCash is not redeemable for cash, and cannot be transferred, sold or distributed to others and cannot be applied to taxes or any other mandatory governmental charges or fees. 
   6. Taxes. TixCash and Benefits earned through participating in the Loyalty Program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of TixCash or Benefits is the sole responsibility of the Member.
9. Membership:

10. ADDITIONAL TERMS OF PARTICIPATION IN THE LOYALTY PROGRAM

    1. Monitoring Membership Accounts. The Company reserves the right to monitor the Accounts of all Members, at any time and without notice, for compliance with Program Rules. The Company may review all Members’ TixCash, Qualifying Tickets, and transaction history including, without limitation, requests for Loyalty Program Benefits, Benefits and other benefits.

    2. Adjustments.  

       1. Missing Qualified Purchases. A Member may request credits for Qualifying Tickets which are not reflected on such Member’s Account by contacting Member Support. 
       2. Timing of Requests. All requests under this Section 4.2 must be received within one (1) year of the applicable Qualifying Ticket transaction to receive any credit.
       3. Perks Credit. Any Perks credit associated with a Member Account as of the date of launch of the Loyalty Program will automatically be converted into TixCash at a 1:1 ratio.  If any Perks credit of a Member is converted into TixCash, any TixCash which would otherwise be earned by such Member for attainment of specific Membership Status (such as for attaining Red Tier or Silver Tier) may be offset or reduced by the amount of any Perks credit converted into TixCash.
       4. Correction of Benefits.  At any time and in the Company’s sole discretion (including, without limitation, where a Member was not eligible to earn a specific benefit pursuant to these Program Rules), the Company may correct (i) the amount of TixCash or the number of Qualifying Purchases credited to a Member’s Account, and (ii) any other benefit that has been credited to a Member’s Account, including, without limitation, any Membership Status. The Company also reserves the right, in its sole discretion, to prevent, cancel, or reconcile any transaction where the Loyalty Program suspects there has been fraudulent activity connected with the transaction.
       5. Taxes.  TixCash, Benefits, and other Member benefits may be subject to income or other taxes. The Member is responsible for paying all such taxes and for making all applicable disclosures to third parties including, without limitation, the party who paid for the transaction from which the Member earned TixCash. The Company will not be liable for any tax liability, duty or other charges in connection with the issuance of TixCash, Benefits, and other Member benefits.
       6. No Warranties or Representations, Express or Implied.  The Company makes no warranties or representations, either expressed or implied, with respect to type, quality or fitness of goods or services provided through the Loyalty Program.
       7. Operation of the Loyalty Program.  The Company administers the Loyalty Program. The Company promotes the Loyalty Program including, by creating and launching marketing campaigns, developing and maintaining the Loyalty Program’s page(s) and managing partner relationships.
       8. Not Responsible for Acts, Errors, or Omissions.  The Company is not responsible for:  (a) any loss or misdirection of, or delay in receiving, any Member application, correspondence, redemption requests, Benefits or Member benefits; (b) theft or unauthorized redemption of TixCash or Benefits or use of any of the Benefits; (c) any acts or omissions of third parties; or (d) any errors published in relation to the Loyalty Program, including any pricing or typographical errors, errors of description, and Loyalty Program affiliates, and errors in the crediting or debiting of TixCash or other Benefits from Member Accounts.  The Company reserves the right to correct, without notice, any errors.
       9. Interpretation of Loyalty Program Rules.  All interpretations of these Loyalty Program Rules regarding membership are at the Company’s sole discretion, and the Company’s decisions will be final. Unless otherwise stated, the terms and conditions of the Program Rules in effect at the time of a Member’s purchase or request for a benefit will govern the transaction. All references to dollar ($) amounts refer to United States Dollars and all references to pounds (£) refer to British Pounds. Unless otherwise expressly specified in these Loyalty Program Rules: (i) the words “hereof”, “hereby”, “herein” and “hereunder,” and correlative words, refer to these Loyalty Program Rules as a whole and not any particular provision; (ii) the words “include”, “includes” and “including”, and correlative words, are deemed to be followed by the phrase “without limitation”; (iii) the word “or” is not exclusive and is deemed to have the meaning “and/or”; (iv) words using the singular or plural number shall also include the plural or singular number, respectively; (v) the masculine, feminine or neuter form of a word includes the other forms of such word and the singular form of a word includes the plural form of such word; and (vi) references to a party shall include their permitted successors and assigns thereof .
       10. Trademarks.  The Company is the sole and exclusive owner or licensee of the trademarks, service marks, trade names, logos, and copyrighted or copyrightable materials of TodayTix, Inc. and its affiliates. Members shall never, directly or indirectly, interfere with, challenge, file applications for, or claim ownership of these trademarks anywhere in the world.
       11. Waiver.  The Company’s waiver of any breach of these Loyalty Program Rules by any Member will not constitute a waiver of any other prior or subsequent breach of these Program Rules. The Company’s failure to insist upon strict compliance with these Loyalty Program Rules by any Member will not be deemed a waiver of any rights or remedies the Company may have against that or any other Member. The Company may waive compliance with these Program Rules in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members.

       12. Limitation of Liability.  Nothing in these Loyalty Terms shall limit or exclude our liability to you:

           1. for death or personal injury caused by our negligence
           2. for fraudulent misrepresentation;
           3. for breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
           4. under Part I of the Consumer Protection Act 1987; or
           5. for any other liability that may not, under English law, be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from your Membership shall not exceed £50 and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time you became a Member or when your Benefit was obtained.  

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations in respect of your Membership which are caused by events outside our reasonable control.

Choice of Law and Venue.  Any disputes arising out of or related to the Loyalty Program or these Program Rules will be handled individually without any class action, and will be governed by, construed and enforced in accordance with the laws of the State of New York, United States, without regard to its conflicts of law rules. The exclusive jurisdiction for any claim or action arising out of or relating to the Loyalty Program or the Program Rules may be filed only in the state or federal courts located in the State of New York, United States.

Subject to Law.  Membership in the Loyalty Program and the earning and redeeming of TixCash are subject to all applicable local laws and regulations. Membership in the Loyalty Program, Benefits, and any other Member benefits are offered in good faith; however, they may not be available if prohibited or restricted by applicable English law or Member’s jurisdiction of residence. If any part of these Loyalty Program Rules is held to be unlawful or unenforceable, that part will be deemed deleted from these Program Rules in such jurisdiction and the remaining provisions will remain in force.

Governing Law and Jurisdiction.  These Loyalty Terms shall be governed by English law, and you agree that any dispute between you and us regarding them will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property

Entire Agreement.  The Loyalty Program Rules, together with any other terms and conditions, rules, or regulations incorporated herein or referred to herein constitute the entire agreement between the Company and any and all Members relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Site and/or Application.

Contacting us: Please submit any questions you have about these terms and conditions or any problems concerning the Site and Applications by email to UKsupport@todaytix.com