General Terms and Conditions of Radix Sports Limited:
In these general terms and conditions, the following definitions are used:
General Terms and Conditions: these general terms and conditions of Radix Sports Limited (trading as Jeike)
Radix Sports Ltd: the private company with limited liability, with number 12889085 and registered office in Level One, Basecamp Liverpool, 49 Jamaica Street, Liverpool, L1 0AH, United Kingdom.
Client: the contractual party which acts in the exercise of a profession or business in the capacity of user of the services or goods provided by or on behalf of Radix Sports Ltd (hereinafter known as Jeike) and which is responsible for the organisation and/or production of the Event.
Application: the (online) system developed by Jeike for the purchase, intermediation, handling, processing, and settlement of tickets (including possible updates and the smartphone application for this system).
Agreement: the relevant Agreement between the Client and User for providing services for payment in connection with an Event, where Jeike acts as an intermediary.
Location: the place where the Event is held.
Event: the public or closed happening where – by way of example, but not exclusively – a performance of an artistic and/or sporting nature is presented, including – but not limited to – a musical, theatre or music performance, a concert, show or a sports event.
Ticket: the proof of a right of access to an event organised by or on behalf of the Client which the Client sells to the User via the Application.
User: the natural and/or legal person which purchases a ticket from the Client or another User by making use of the Application for an event organised by or on behalf of the Client.
2. Applicability of the General Terms and Conditions
2.1 These General Terms and Conditions apply to every offer, every agreement, and all services between Jeike, Users and the Client, insofar as the parties do not explicitly deviate from these General Terms and Conditions in writing.
2.2 Jeike expressly rejects the applicability of other terms and conditions of the User and/or the Client.
2.3 The general terms and conditions of the Client also apply to the Agreement, as well as the general terms and conditions of the holders of the Locations. In the event of inconsistency between the provisions of these General Terms and Conditions and the above-mentioned conditions, the provisions of these General Terms and Conditions shall prevail. In the event of inconsistency between the general terms and conditions of the Client and those of the holders of the Locations, the general terms and conditions of the Client shall prevail. A copy of the general terms and conditions of the Client or the holders of Locations is available from the Client or the relevant holder of the Location.
2.4 Jeike is entitled to change the General Terms and Conditions and to declare the General Terms and Conditions applicable to Agreements. The amended General Terms and Conditions can be consulted on the Jeike website.
2.5 In the event that one or more of the conditions in these general terms and conditions is or becomes null and void, then the remaining conditions shall remain applicable undiminished.
3. Formation of the Agreement
3.1 Jeike acts as an intermediary in the conclusion of the Agreement between the User(s) and the Client as regards offers and sales of (reservations for) Tickets. Jeike is not a party to the Agreement that is concluded by the purchase of a Ticket. The Agreement is concluded after the User has bought one or more Tickets via the Jeike Application. Jeike provides the Tickets on behalf of the Client or other User.
3.2 The User must, before they confirm their reservation, always carefully check that the correct Tickets have been reserved. Therefore, the User must always use a correct e-mail address and/ or mobile telephone number when making a reservation. In case of doubt about the accuracy of the details that the User has entered with the order, Jeike may contact the User making use of the details that the User has entered. If Jeike is unable to reach the User and therefore cannot check the details, Jeike may cancel the reservation and sell the Tickets to another User. If Jeike has doubts about the accuracy or validity of the details entered by the User with the order or the means of payment used by the User, then it has the right to cancel the User's reservation and to sell the Tickets to another User. Jeike will use its best efforts to inform the User in such a situation.
3.3 Every Agreement is concluded subject to the suspensive condition that there are sufficient products or services available.
3.4 The User cannot invoke a right of withdrawal. Tickets cannot be returned since the User allows the provision of the service by the immediate booking of the ticket. Therefore, every order of tickets becomes binding upon the order confirmation from Jeike and obliges the User to accept and pay the ordered tickets.
4.1 Jeike offers the Client the possibility of making use of the Application for the sale of Tickets to Users for Events to be organised by the Client.
4.2 Jeike grants the Client access to the use of the Application to the extent that this is necessary for the performance of the obligations included in the Agreement.
4.3 The Application is – also with a view to maximising the Tickets to be sold – managed, maintained and if need be repaired according to the principles of good workmanship by and for the account of Jeike.
5. Rates and payment
5.1 Jeike sells Tickets on behalf of Clients who decide the price and number of available Tickets. Information regarding the price and availability are provided without obligation and subject to all reservations.
5.2 Jeike will make an offer to the Client regarding the rates that will be applied.
5.3 If the User does not pay the amounts owed on time, the User owes, without any warning or notice of default being necessary, the outstanding amount of statutory interest, if the User fails to comply with the claim following a warning or notice of default.
5.4 If the Application negotiates the transfer of ownership of a Ticket between Users, a Service fee is charged.
6. Delivery times
6.1 Tickets are delivered to the account that is linked to the e-mail address and/or mobile telephone number that the User has provided. Jeike will continue to deem the telephone number and/or e-mail address provided by the User as being correct until the User has notified Jeike of a new telephone number and/or e-mail.
6.2 If any delivery time is exceeded this shall not give the User the right to compensation nor will the User gain the right to cancel the order or the Agreement, unless the delivery time is exceeded to such an extent that the User cannot reasonably be asked to allow the Agreement to stand.
7. Events cancelled or moved
7.1 The User is entirely responsible for checking whether an Event has been cancelled or postponed and the new time or location. Jeike will use its best efforts to inform the User in good time regarding any postponement/cancellation of an Event. Jeike is not responsible under any circumstances for any expenses incurred due to cancelled or moved Events.
7.2 Tickets for postponed Events generally remain valid for the replacement Event, however, the Client is in this regard ultimately responsible for this and the User cannot claim a replacement Ticket from Jeike.
7.3 If an Event is cancelled or postponed, then the User can return the Tickets for this event under the scheme as decided by the Client. As regard to the relevant conditions, we refer you to the general terms and conditions of the organiser of the event. If the Client asks Jeike to refund the ticket price to the User, then Jeike shall do so after it has received the money in question from the Client. Service and administration costs will not be refunded.
8.1 The Tickets distributed by Jeike remain the property of the Client. It is expressly prohibited for the User to offer a Ticket in a different manner other than via the Application to third parties. If a Ticket is offered via other channels, then Jeike reserves the right to render the Ticket invalid and to claim an immediately due and payable penalty of GBP 5,000.00 per case from the User.
8.2 Jeike reserves the right at all times to refuse orders from Users.
9. Intellectual Property Rights
9.1 All intellectual property rights relating to the name, the Application and the image mark of Jeike remain with Radix Sports Limited.
9.2 The User shall refrain from actions that could harm rights or other interests in this regard of Jeike or of its licensor.
9.3 The Agreement does not constitute the transfer of any intellectual property right from Jeike to the User or the Client.
10. Privacy and personal data
10.1 Jeike complies with all of its obligations as the processor in the context of the General Data Protection Regulation (GDPR) and any other applicable data protection legislation. The collected data of Users shall only be processed and used for purposes for which the User has granted advance express consent.
10.2 The User is deemed to have read the privacy statement from Jeike which can be consulted on the Jeike website and the User is also deemed to agree to the processing described there of the personal data it has provided.
11.1 Jeike cannot be deemed to be the organiser of the Event and is not responsible for, and does not provide any guarantee for, the artistic quality and content of the Event and the course of events in or around the Event, and does not accept any liability whatsoever on the basis of this fact.
11.2 With the exception of the other liability provisions in these General Terms and Conditions, the total liability of Jeike because of imputable failure to perform or an unlawful act is limited to compensating the direct loss up to the amount that the User has been or could be charged for the Tickets, unless the loss is due to intent or gross negligence on the part of Jeike or its agents.
11.3 Jeike's liability in respect of imputable failure to perform an agreement shall not, in any case, arise unless the User forthwith and properly declares Jeike in default in writing, stating a reasonable period in which to remedy the failure, and Jeike continues and can be blamed for continuing to fail in the fulfilment of its obligations even after such period. The notice of default must give as complete and detailed a description as possible of the failure so that Jeike is in a position to respond adequately.
11.4 Jeike cannot be held liable in any way whatsoever for any loss that the holder of this proof of access experiences due to the acts or omissions of third parties.
12. Force majeure
12.1 Force majeure means any shortcoming that cannot be attributed to Jeike because it cannot be blamed and is not accountable pursuant to law, juristic acts or common opinion.
12.2 Notwithstanding its other rights, in cases of force majeure Jeike shall be entitled, as it sees fit, to defer the execution of the User's order, by notifying the User of this in writing to that effect and without Jeike being obliged to pay compensation, unless this would be unacceptable in the given circumstances according to criteria of reasonableness and fairness.
12.3 In the following cases the parties agree that there is a question of force majeure in any event as referred to in Article 12.1 of these General Terms and Conditions:
if the services are not delivered or delayed – other than as a result of intent or deliberate recklessness on the part of Jeike – due to the destruction in any manner whatsoever of servers, back-ups and other equipment used by Jeike and also malfunctions in telephone and internet traffic;
if the services are not delivered or delayed on Jeike' side due to sabotage – whether terrorist or not – by third parties, including actions by so-called 'hackers' or 'crackers'.
13.1 The Client will indemnify Jeike against claims by third parties on account of damage caused because the Client provided incorrect or incomplete information.
13.2 The Client will indemnify Jeike on first request if a claim is made against Jeike in any sense whatsoever by or on behalf of a User in relation to the content and/or in case of improper performance of the agreement(s) the Client and the User have concluded with each other, for example in the event of cancellations, and also related communication by the Client to the User, or any other potential form of failure and/or unlawful act on the part of the Client towards the User.
14. Applicable law and choice of jurisdiction
14.1 All Agreements with Jeike shall be governed by and construed in accordance with English law and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.
1. WHO WE ARE
The website www.jeike.io (hereinafter, the “Site”) is operated by and on behalf of Radix Sports Ltd (including any subsidiaries or affiliates of Radix Sports Ltd, hereinafter, “Radix Sports”, the “Company”, “We”, or “Us”), a company with registered office in Level One, Basecamp Liverpool, 49 Jamaica Street, Liverpool, L1 0AH, United Kingdom.
2. AUTHORISED USE
The access to this Site is free, with exception of that relating to the cost of connection through the telecommunications network provided by the service provider contracted by the User.
The User undertakes not to use the Site for fraudulent purposes as well as behave in a way that may be harmful to Radix Sports’ and third parties image, interests and rights. Likewise, the User undertakes to refrain the performance of any act, that could damage, render useless or overload the Site, or that prevents in any manner, the normal use of the same.
3. LIMITATION OF LIABILITY
The User recognizes and accepts that the use of the Site is carried out at User’s own risk and responsibility, so James Moonet shall not be responsible for the improper or undue use of the Site.
The User recognizes and accepts that, even though Radix Sports makes its best efforts to ensure the technical and factual accuracy of the contents and information contained on the Site, those are purely general and indicative. Thus, the Company cannot guarantee the veracity, authenticity, adequacy or accuracy of the information provided through the Site. As a result, Radix Sports shall not be responsible for the decisions taken by the User drawn from the premise of the information provided through the Site, nor for the damages suffered by the User or a third party, arising from actions based on information obtained on the Site.
Radix Sports shall only be responsible for the damages suffered by the User as a result of the use of the Site when these damages are caused as a consequence of Radix Sports' wilful misconduct. Radix Sports shall not be responsible, including but not limited to, for the damages arising from (i) interruptions, computer viruses, failures, interferences, or omissions or disconnections of the electronic system, the communications system or the User’s computer equipment for reasons beyond Radix Sports' control; (ii) delays or saturations in the use of the Site caused by deficiencies or overloads on the telephone lines or the internet system, or in any other electronic or communications systems; or (iii) unlawful actions of third parties beyond Radix Sports' control.
4. INTELLECTUAL AND INDUSTRIAL PROPERTY
All intellectual and industrial property rights (including the sui generis rights awarded to databases) regarding the content of the Site, graphic design, source code, as well as regarding elements included on it belong to Radix Sports (it includes but is not limited to: text, graphics, logos, distinguishing signs, icons, buttons, photos, videos, audio recording, etc.).
In order to help you finding additional information, we have included several technical linking devices that allow the User to access other websites (hereinafter, “Linked Sites”). In these cases, Radix Sports acts as provider of intermediation services
The existence of links on the Site does not mean that Radix Sports is aware of the content and services of those pages nor that Radix Sports maintains a relationship with the owners of the Linked Sites. The existence of such links does not imply the recommendation, promotion, identification or accordance with the contents or services of such websites by Radix Sports. As a result, Radix Sports will not be responsible of the content, the general conditions nor the privacy policies of the Linked Sites, as the User is the sole responsible to accept and verify them every time he/ she accesses those websites.
The User and, any moral or legal person wishing to establish a link from his website to the Site, shall obtain the prior written authorization of Radix Sports. The establishment of such a link does not mean the existence of any relationship between Radix Sports and owner of the linked site, nor the acceptance or approval by the Company of its contents and services.
Notwithstanding the above, Radix Sports laterally reserves the right to prohibit or render useless the access to any link at any time particularly if the activity or the content of the linked websites is illegal.
The use of this Site is construed and governed in accordance with British Law. By accessing this Site you agree that any dispute arising between you and us will be resolved by the courts of Great Britain, to the extent that the User has his domicile in such country.
The privacy of our Site visitors is very important to us, and we are committed to safeguarding it.
This Policy applies to those who access, visit, or use our Site and/or engage our Services (hereinafter referred as to “User/s”).
1. WHAT PERSONAL DATA DO WE COLLECT AND WHY
We inform you that in order to use any of the functionalities of the Site and the Services, we may collect certain information from you.
The data we request is appropriate, relevant and strictly necessary for the purposes for which they are collected.
In accordance with the aforementioned, you communicate to us the following necessary categories of data for the execution of our Services.
Personal data you voluntarily supply when you log in to our Site
Identifiable data that you enter in order to set up a subscription to our newsletters and reports: email address, first name, last name, phone and country.
Any other identifying data such as your CV.
Enabling your use of the services available on our website.
Informing you if there is any job opportunity that fits your profile.
With your consent when necessary, sending you non-marketing commercial communications and marketing communications relating to our business.
Sending you email notifications you have specifically requested.
Tracking Site usage
Information about your computer including your IP address, geographical location, browser type and version, and operating system.
Information about your visits to and use of this website including the referral source, length of visit, page views, and website navigation paths.
Information that you enter when you register with our Site, such as your email Site.
Administering our Site and business.
Dealing with enquiries and complaints made by or about you relating to our website.
Keeping our website secure and to prevent fraud
Verifying compliance with the terms and conditions governing the use of our website.
3. LEGAL BASIS
Our legal basis for collecting and using the personal data described above will depend on the personal data concerned and the specific context in which we collect it.
However, we will normally collect personal data from you only
(ii) where we need your consent to do so. We will not, without your expressed consent, supply your personal data to any third party for their or any other third party’s direct marketing; or;
(iii) In some cases, we may also have a legal obligation to collect personal data from you. If we ask you to provide personal data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal data is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
We retain your personal data for active Radix Sports accounts as long as it is necessary and relevant for our operations.
4. DISCLOSING PERSONAL DATA
We may disclose your personal data to (i) our Service providers as necessary to render the Services, (ii) to any member of our group of companies (this means our Affiliates, our ultimate holding company and all its subsidiaries), as reasonably necessary for the purposes set out in this Policy.
Our providers and subsidiaries are required by contract to keep confidential and secure the information they process on behalf of Radix Sports may not use it for any purpose other than to carry out the Services they are performing for Radix Sports.
5. INTERNATIONAL DATA TRANSFERS
When Radix Sports processes personal data of natural persons who are in the European Union or EEA (*), we abide by the Regulation UE 2016/679 General of Protection of Data, dated April 27th, 2016 (hereinafter “GDPR”).
For any doubt, you can contact Radix Sports Ltd – located in Level One, Basecamp Liverpool, 49 Jamaica Street, Liverpool, L1 0AH, United Kingdom, who acts as our legal representative to the effects foreseen in article 27 of the GDPR.
(*) EEA means the European Union plus Iceland, Liechtenstein and Norway.
6. RETAINING PERSONAL DATA
This Section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations regarding the retention and deletion of personal data.
Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes. However, when we process your personal data for recruitment purposes, we will keep this information until the open role is filled. When that period is over, we will retain it for a 1-year period for the purpose of the future vacancies.
We will retain documents (including electronic documents) containing personal data: a. to the extent that we are required to do so by law if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and in order to establish, exercise, or defend our legal rights (including providing information to others for the purposes of fraud prevention).
7. WHAT PRIVACY RIGHTS DO YOU HAVE AND HOW TO EXERCISE THEM?
You have the right to request from Radix Sports access to and rectification or erasure of your personal data or restriction of processing or to object to processing as well as the right to data portability.
If deemed necessary, you also have the right to lodge a complaint with a supervisory authority.
To do so, please write to the company’s head office at Level One, Basecamp Liverpool, 49 Jamaica Street, Liverpool, L1 0AH.
8. SECURITY OF YOUR PERSONAL DATA
We will take reasonable technical and organizational precautions to prevent the loss, misuse, or alteration of your personal data We will store all the personal data you provide on our secure servers.
You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
We use our own cookies and third-party cookies (Google Analytics) to improve our Services, customize our Site, improve Users experience in our Site, identify and solve problems, compile statistics and show advertising related to your preferences by analysing your use of the Site. For more information on how these cookies work please see our ‘Cookies Policy”.
We may update this policy from time to time by publishing a new version on our Site. You should check this page occasionally to ensure you understand any changes to this Policy. We may notify you of changes to this Policy by email or through the private messaging system on our Site.