Terms and Conditions

Booniverse Terms of Use

Welcome to Booniverse. The following are the rules or “Terms” that govern use of the Booniverse App in the Republic of Ireland. By using or visiting the App, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the App. Booniverse Ltd. reserve the right to change these Terms at any time, effective immediately upon posting on the App. Please check this page of the App periodically. If you violate these Terms of Use, Booniverse Ltd may terminate your use of the App, bar you from future use of the App, cancel your ticket order, and/or take appropriate legal action against you

Permitted Use

You agree that you are only authorised to visit, view and to retain a copy of pages of this App for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this App for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or avail of coupons for your personal use, unless otherwise specifically authorised by Booniverse Ltd to do so. You also agree not to deep-link to the App for any purpose, unless specifically authorised by Booniverse Ltd to do so. The content and software on this App is the property of Booniverse Ltd and/or its suppliers and is protected by international copyright laws. 

Disclaimers

Booniverse Ltd does not promise that the App will be error-free, uninterrupted, nor that it will provide specific results from use of the App. The App and its Content are delivered on an “as-is” and “as-available” basis. Booniverse Ltd disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Booniverse Ltd will not be liable for any damages of any kind arising from the use of this App, including without limitation, direct, indirect, incidental, and punitive and consequential damages. Booniverse Ltd makes no guarantee of any specific result from use of this App or use of the Booniverse Ltd service. Booniverse Ltd disclaims any and all liability for the acts, omissions and conduct of any third party users, Booniverse Ltd users, advertisers and/or sponsors on the App, in connection with the Booniverse service or otherwise related to your use of the App.. Booniverse Ltd is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the App. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the App to Booniverse Ltd at support@Booniverse.ie. Booniverse Ltd may investigate the claim and take appropriate action, in its sole discretion.

Trademarks

Booniverse logos as well as Booniverse Ltd and design found on this App are registered trademarks of Booniverse Ltd. Booniverse Ltd’s trademarks may be used publicly only with the written permission of Booniverse Ltd.

Ownership of Materials

All materials on Booniverse Ltd’s App are copyrighted and are protected under treaty provisions and world-wide copyright laws. Booniverse Ltd’s materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without Booniverse Ltd’s written permission. Except as expressly stated in the limited licence provision of these terms and conditions, Booniverse Ltd does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

Copyright Policy

We will terminate the privileges of any user who uses this App to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use exemption to do so. In particular, users who submit Content to this App, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this App as an instrument of unlawful infringement, we will terminate the infringing users’ rights to use and/or access this App. We may, also in our sole discretion, decide to terminate a user’s rights to use or access the App prior to that time if we believe that the alleged infringement has occurred.

Links and Search Results

The App may automatically produce search results that reference or link to third party websites. Booniverse Ltd has no control over these Apps or the content within them. Booniverse Ltd cannot guarantee, represent or warrant that the content contained in the Websites is accurate, legal and/or inoffensive. Booniverse Ltd does not endorse the content of any third party Website, nor do we warrant that they will not contain viruses or otherwise impact your computer. If you have a problem with a link from the App, please notify us at support@Booniverse.ie and we will investigate your claim and take the appropriate actions.

Prohibited Content

The following is a partial list of the kind of Content that is illegal or prohibited on the App. It includes Content that:

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
  • harasses or advocates harassment of another person;
  • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • displays pornographic or sexually explicit material of any kind;
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Offline Conduct

Although Booniverse Ltd cannot monitor the conduct of its Users off the App, it is also a violation of these rules to use any information obtained from this App in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without their prior explicit consent.

No Commercial Use

No area of this App may be used by our visitors for any commercial purposes such as to conduct sales of tickets, or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not link to other Apps for the purpose of selling tickets of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the App and barring such violators from use of the App. We reserve the right to block access to or cancel a ticket order of any user known or reasonably believed to be associated with or utilizing automated means to process or place ticket orders, or whose ticket order(s) exceed the stated limit.

Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our App or the content contained thereon or for any other unauthorised purpose without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Booniverse App. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from our App without the prior express written permission of Booniverse Ltd.

Unauthorized Use of the App

Illegal and/or unauthorised uses of the App, including, but not limited to, unauthorised ticket sales, unauthorised framing of or linking to the App, or unauthorised use of any robot, spider or other automated device on the App, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

Violation of the Terms

You understand and agree that in Booniverse Ltd’s sole discretion, and without prior notice, Booniverse Ltd may terminate your access to the App, cancel your ticket order or exercise any other remedy available and remove any unauthorised User Content, if Booniverse Ltd believes that the User Content you provided has violated or is inconsistent with these Terms of Use violated the rights of Booniverse Ltd, another User or the law. You agree that monetary damages may not provide a sufficient remedy to Booniverse Ltd for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. Booniverse Ltd may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. Booniverse Ltd is not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Use.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Booniverse Ltd be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if Booniverse Ltd has been advised of the possibility of such damages.

Disputes

This App is controlled and operated by Booniverse Ltd from its offices in Ireland. If there is any dispute about or involving the App, by using the App, you agree that the dispute will be governed and construed by Irish law. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this App, litigation must be brought in court in Ireland without regard to its conflict of law provisions.

Indemnity

You agree to indemnify and hold Booniverse Ltd, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the App, including also your use of the App to provide a link to another App or to upload content or other information to the App.

Booniverse Ltd PURCHASE POLICY

  • 1. INTRODUCTION
  • 1.1 Booniverse  Ltd trading as Booniverse with an address at First Floor 42 Upper Abbeygate Street, Galway, Ireland. Referred to in this Purchase Policy as “Booniverse Ltd, “we“, “us” or “our” .
  • 1.2 We operate the Booniverse App where you can purchase tickets to events. The term “Ticket(s)” means primary event tickets (i.e. tickets allocated to us directly by Event Partners (as defined below) for sale by us). .
  • 1.3 This “Purchase Policy” sets out the terms and conditions applicable to purchases of Tickets from us. 
  • 1.4 We sell Tickets and associated products and services on behalf of event organisers, promoters, venues, producers, artists/performers, agents, teams, record labels and other persons involved in the organisation of events (“Event Partner(s)“).
  • 1.5 We sell Tickets as and when they are allocated to us by Event Partners, and in accordance with their instructions. The number and type of Tickets allocated for sale by us vary on an event by event basis.
  • 1.6 For some events, we may sell different types of Tickets, items and ,, including:
    A) Guest List 
  • B) First Release
  • C) Second Release
  • D) Third Release
  • 1.10 Please note, Items cannot be exchanged or refunded after purchase, save as set out in clauses 7 of this Purchase Policy. 
  • 1.11 Nothing in this Purchase Policy affects your statutory rights as a consumer. For further information about your statutory rights, please contact Citizens Information.

  • 2. YOUR ACCOUNT AND REGISTRATION

  • 2.1 In order to set up a Booniverse Ltd account you must:
    (a) be at least 18 years old and able to enter into legally binding contracts; and
    (b) follow the instructions to set up a password-protected account providing your correct full name, and email address (all your details must be kept up to date at all times).
  • 2.2 You are solely responsible for maintaining the security of your user name and password and for all activity that occurs on your account. You shall not permit anyone other than you to use your account. If you become aware or suspect that anyone knows your user name and/or password, you should promptly contact us.
  • 2.3 If you are making purchases on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and this Purchase Policy and references to “you” refer and apply to that company or other legal entity).
  • 2.4 Please refer to our Privacy Notice and Cookies Policy for more details on how we use and protect your personal data. If we are investigating your account, or if we are investigated ourselves, you agree to comply fully with our requests for information about you and your purchases.
  • 2.5 You must not create or use multiple accounts with the purpose or intention of circumventing any of the terms of this Purchase Policy or concealing your identity or other personal details.
  • 2.6 You must not use our website or app, your account for any unlawful purpose or in any unlawful manner. If we discover or suspect that you have used or are using or attempting to use the Booniverse Services in such a way that a criminal offence has been, is being or might be committed, we are required by law to report your identity and details of such activity to the relevant authorities (and any relevant Event Partner).
  • 2.7 We reserve the right to terminate your account and/or cancel any of your orders and/or prohibit you from making future orders or using the Booniverse Services in future if:
    (a) any abusive or threatening behaviour is carried out by you or on your behalf or via your account;
    (b) we suspect any fraudulent activity or other illegal activity is carried out by you or on your behalf or via your account;
    (c) we suspect any unauthorised use of your account or other unauthorised activity is carried out by you or on your behalf or via your account;
    (d) we are ordered to do so by any legal or regulatory authority; and/or
    (e) you otherwise breach the terms of this Purchase Policy or any other applicable policies or terms and conditions (including any applicable Event Partner’s terms and conditions).
  • 2.8 You may close your account by contacting us at support@Booniverse.ie..
  • 2.9 Termination of your account and/or cancellations of any purchases under this Purchase Policy shall not affect our or your rights and liabilities which have accrued prior to and including the date of such termination or cancellation.

  • 3. LEGALLY BINDING CONTRACT

  • 3.1 In order to make a purchase from us, you must be 18 years old or more and able to enter into legally binding contracts. If you are purchasing online, you must also have a Booniverse Ltd account and a valid credit or debit card issued in your name.
  • 3.2 Any purchase from us forms a legally binding contract that is subject to: (i) this Purchase Policy; (ii) any special terms and conditions stated to be applicable to an Item and/or event; (iii) other terms and conditions of the Event Partner(s) and/or event; and (iv) any venue terms and conditions (including conditions of entry). You should read this Purchase Policy carefully before you make a purchase.
  • 3.3 By purchasing one or more Items from us, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Purchase Policy. If you do not agree with this Purchase Policy or any other applicable terms and conditions, or if you cannot comply with any of them, then you must not make a purchase.
  • 3.4 We reserve the right from time to time to make changes to this Purchase Policy. Where we make any such changes, we shall post the updated version of this Purchase Policy on our website. Therefore, we recommend you check this Purchase Policy regularly to stay informed of its current terms and conditions. All purchases are subject to the applicable version of this Purchase Policy that was published at the time of purchase. If you do not agree with any revised version of this Purchase Policy, or if you cannot comply with it, then you must not make a purchase.

  • 4. PRICES, PAYMENT AND PLACING ORDERS

  • 4.1 All prices for Items offered for sale from us are inclusive of VAT and are broken down as follows:
    (a) sale price of the Item (“Sale Price“); plus
    (b) any per-Item service or facility charges (“Service Charge“); plus
    (c) any per-order handling fees (“Order Processing Fees“).
  • 4.2 Whilst we try to ensure that all advertised prices are accurate, errors may occur. If we discover an error in the price of any Item you have ordered, we will inform you as soon as possible and give you the option of confirming your order at the correct price (in which case we will credit or debit you as applicable) or cancelling your order (in which case you will receive a full refund). If we are unable to contact you to confirm your order at the correct price, you agree that we may treat the order as cancelled and issue you with a full refund, without any further liability.
  • 4.3 In many circumstances, Ticket prices are set at the time of the initial on-sale and stay the same until the event. However, some Tickets are “market-priced,” and so Sale Prices may increase or decrease at any time, based on demand. This is similar to how airline tickets and hotel rooms are sold and is commonly referred to as “Dynamic Pricing”. You will not be entitled to a refund or credit if (i) the Sale Price you paid for a Ticket was at any time before you purchased your Ticket less than the Sale Price you paid; or (ii) the Sale Price of any other Tickets to the relevant event (whether in the same price category or otherwise) is/are subsequently reduced after you purchase your Ticket.
  • 4.4 Accepted methods of payment include Visa, MasterCard and American Express debit or credit cards.
  • 4.5 Your contract for purchase starts once we have confirmed your order and ends immediately after completion of the event for which you have purchased Item(s). 
  • 4.6 If you do not receive an order confirmation after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via your Booniverse Ltd account by contacting support@Booniverse.ie whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for any costs or losses you incur if you assume that an order was or was not placed because you failed to receive an order confirmation.
  • 4.7 All purchases are subject to credit or debit card verification (if applicable), other security checks, and collection of payment by us. Your order may be cancelled if it has not passed our verification process or if payment is not received in full. In rare circumstances, if your payment is recalled by the associated bank or payment provider, we reserve the right to cancel and refund any order for which an order confirmation has been sent. We accept no responsibility or liability for such cancellations, as these are outside our control.
  • 4.8 It is prohibited to obtain or attempt to obtain any Items through unauthorised use of any robot, spider or other automated device or software, or through unauthorised framing or linking to any website, or through any other illegal or unauthorised activity. We reserve the right to cancel any orders that we reasonably suspect to have been made in breach of this Purchase Policy, without any notice to you, and any and all Items obtained as part of such orders will be void.
  • 4.9 To prevent fraud and protect us, we reserve the right to carry out checks and/or request that additional information be provided in order to verify purchases. We reserve the right to cancel any orders that we reasonably suspect to have been made fraudulently, without any notice to you, and any and all Items obtained as part of such orders will be void.
  • 4.10 Please ensure that you read the full Item description details and are happy with your selection prior to purchase as we may be unable to rectify issues arising as a result of your mistake.
  • 5. TICKET RIGHTS AND OBLIGATIONS

  • 5.1 Any Ticket you purchase from us remains the property of the relevant Event Partner and is a personal revocable licence which may be withdrawn, and admission refused, at any time. If this occurs without any fault or act or omission on your part, you will be refunded (or partially refunded) for the Ticket which has been withdrawn or for which access was refused (including the relevant Sale Price and Service Charge but excluding any Order Processing Fees).
  • 6. EVENT TIMINGS AND ADMISSIONS

  • 6.1 Please note that advertised start times of events are subject to change. Also, door opening and closing times stated in relation to an event are not indicative of the event’s start or end time (or when an artist is scheduled to play or the length of the artist’s performance), all of which remain at the relevant Event Partner’s and/or artist’s discretion and may be subject to change.
  • 6.2 Tickets are sold subject to the Event Partner’s right to alter or vary the programme of an event due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange tickets, unless such change is a material alteration as described in clause 7, in which case the provisions of that clause shall apply.
  • 6.3 Generally, every effort to admit latecomers will be made at a suitable break in the event, but admission cannot always be guaranteed.
  • 6.4 The event venue may conduct security searches of you and other patrons for safety and security purposes and/or may refuse admission to patrons (including you) breaching or suspected of breaching any terms and conditions of the event or any Event Partner.
  • 6.5 Admission to all events is subject to the terms of admission of the relevant venue, and certain items (e.g. laser pens, mobile phones, dogs (except guide dogs) and patrons’ own food and drink) may be prohibited. Please check with the venue directly. The unauthorised use of photographic and/or recording equipment at events is also prohibited. Any unauthorised photos, videos and/or recordings may be destroyed or deleted.
  • 6.6 Breach of any of venue terms and conditions or any unacceptable behaviour likely to cause damage, nuisance or injury shall entitle the Event Partner to eject you from the venue.
  • 6.7 Event Partners reserve the right to refuse admission to the venue, or to remove any person from the venue for reasons of public safety (including gross intoxication, crowd surfing or moshing), any unacceptable behaviour likely to cause damage, nuisance or injury, or for any breach of the Event Partners’ terms and conditions.
  • 6.8 Unless expressly authorised by the relevant Event Partner, there will be no pass-outs or re-admissions of any kind.
  • 6.9 By attending an event, you and other patrons consent to being photographed, filmed and/or recorded and may be featured as members of the audience in any resulting photographs, footage or recordings.
  • 6.10 Prolonged exposure to loud music or noise may damage your hearing and we advise you and all patrons to wear adequate ear protection at events.
  • 6.11 Special effects, which may include sound, audio-visual, pyrotechnic effects or lighting effects may be featured at an event, which may not be suitable for those with photosensitive epilepsy, or similar conditions.
  • 7. EVENT CANCELLATIONS AND ALTERATIONS

  • 7.1 If an event is cancelled, rescheduled or materially altered, we will use reasonable endeavours to notify you once we have received the relevant information and authorisation from our Event Partner). However, we cannot guarantee that you will be informed of such cancellation, rescheduling or alteration before the date of the event. It is your responsibility to ascertain whether an event has been cancelled, rescheduled or altered and the date and time of any rescheduled event.
  • 7.2 Cancellation: If an event for which you have purchased Tickets is cancelled in full (and not rescheduled), your order will be cancelled, and you will be refunded the Sale Price of your Tickets or ,, plus the relevant Service Charges. Your Order Processing Fees will not be refunded. If you have purchased Tickets , for an event takes place over several days and one or more days (but not all days) are cancelled, you may only be offered a proportionate partial refund.
  • 7.3 Rescheduling: If an event for which you have purchased Tickets , is rescheduled, Tickets , will usually be valid for the new date (or you will be offered Tickets , of a value corresponding with your original Tickets, for the rescheduled event, subject to availability). If you notify us within the specified deadline that you are unable to attend the rescheduled event, you will be able to cancel your order and obtain a refund of the Sale Price of your Tickets or , plus the relevant Service Charges. Your Order Processing Fees will not be refunded if your Tickets or , have already been dispatched or delivered to you. Failure to notify us within any specified deadline that you are unable to attend the rescheduled event will be deemed to be a reconfirmation of your order for Tickets or , for the rescheduled event, and you will not be able to claim a refund.
  • 7.4 Material Alteration: If an event for which you have purchased Tickets or , is “materially altered” (as defined in clause 7.5 below), Tickets, will usually be valid for the altered event (or you will be offered Tickets, of a value corresponding with your original Tickets or , for the altered event, subject to availability). If you notify us within the specified deadline that you do not wish to attend the altered event, you will be able to cancel your order and obtain a refund of the Sale Price of your Tickets or , plus the relevant Service Charges. Your Order Processing Fees will not be refunded if your Tickets or , have already been dispatched or delivered to you. Failure to notify us within any specified deadline that you do not wish to attend the altered event will be deemed to be a reconfirmation of your order for Tickets or , for the altered event, and you will not be able to claim a refund.
  • 7.5 For the purposes of this Purchase Policy, a “material alteration” is a change (other than a rescheduling) which, in our and the relevant Event Partner’s reasonable opinion, makes the event materially different to the event that purchasers of Tickets, taken generally, could reasonably expect. In particular, please note that the following are not deemed to be “material alterations”: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.
  • 7.6 Refunds will be made using the same means of payment as you used for the initial purchase.
  • 8. STATUTORY RIGHT TO CANCEL

  • 8.1 Tickets, cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out in clause 7.
  • 9. INTERPRETATION

  • 9.1 The terms “including”, “include”, “in particular”, “e.g.”” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
  • 9.2 The headings used within this Purchase Policy are for reference purposes only and do not affect its interpretation. Clauses references in these terms and conditions are references to the clauses of these terms and conditions of this Purchase Policy.
  • 9.3 Capitalised terms in this Purchase Policy shall have the special meaning ascribed to them as set out within this Purchase Policy.

  • 10. WARRANTIES AND INDEMNITIES

  • 10.1 You represent and warrant that the information that you submit to us in relation your account and in your use of the Booniverse Services is true, accurate and complete and you will not use any false information, including contact information. You further warrant and represent that you are aged 18 years or over and can enter into legally binding contracts.
  • 10.2 You represent and warrant that in using our app, you shall comply with all applicable laws and regulations, along with the terms of this Purchase Policy and any other applicable terms and conditions.
  • 10.3 You hereby indemnify and hold harmless us and our affiliates along with their respective officers, directors, employees and agents (the “Indemnified Parties“) against any losses, damages, expenses (including reasonable legal fees), liabilities, claims and/or demands suffered by any Indemnified Parties arising out of or in connection with your breach of this Purchase Policy or any other applicable terms and conditions, breach of any applicable laws or regulations, or breach of any third party rights.

  • 11. LIMITATION OF LIABILITY

  • 11.1 To the maximum extent permitted by law, we (including our affiliates, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) and our relevant Event Partners shall not be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us and/or by the Event Partner):
    (a) in any circumstances where there is no breach of contract or a legal duty of care owed by us or the relevant Event Partner;
    (b) in circumstances where such loss or damage is not directly as a result of any such breach (save for death or personal injury resulting from our or an Event Partner’s negligence); or
    (c) to the extent that any increase in any loss or damage results from your negligence or breach by you of any of the terms of this Purchase Policy and/or any other applicable terms and conditions and/or any applicable laws or regulations.
  • 11.2 To the maximum extent permitted by law, we (including our affiliates, parent undertakings, subsidiaries, and their respective officers, directors, employees, agents, legal representatives and sub-contractors) and our relevant Event Partners, shall not be liable for any indirect or consequential losses or loss of data, profits, revenue, earnings, goodwill, reputation, enjoyment or opportunity, or for distress, or any exemplary, special or punitive damages, arising directly or indirectly from your use of the Booniverse Services and/or any purchases made under this Purchase Policy. In particular please note that:
    (a) personal arrangements and expenditure, including travel, accommodation, hospitality and other costs and expenses incurred by you relating to an event which have been arranged by you are at your own risk, and neither we nor the relevant Event Partners shall be responsible or liable to you for any wasted or unrecoverable costs or expenditure in relation to such personal arrangements, even if caused as a result of the cancellation, rescheduling or alteration of an event for which you have purchased tickets under this Purchase Policy; and
    (b) neither we nor any relevant Event Partner shall be responsible or liable to you for any loss of enjoyment or amenity, including where an event has been cancelled, rescheduled or altered; and
    (c) neither we nor any relevant Event Partner shall be responsible or liable to you (and you will not be entitled to any refund) if admission to a venue or event is refused or revoked at any time as a result of your breach of any Event Partner’s terms and conditions.
  • 11.3 Unless otherwise stated in this clause ,7 our and any relevant Event Partner’s liability to you in connection with an event (including, but not limited to, for any cancellation, rescheduling or alteration of an event) and any Items you have purchased shall be limited to the price paid by you for the Items, including any Service Charges but excluding any Order Processing Fees.
  • 11.4 We are not responsible for any internet connection errors experienced while using the Booniverse Services.
  • 11.5 We are not responsible for the actions or failures of any Venue, performer, promoter or other Event Partner. Under no circumstances shall we be liable for death or personal injury suffered by you or your guests arising out of attendance at an event, unless caused by our negligence. Neither shall we be liable for any loss or damage sustained to your property or belongings, or those of any guests under your booking, attending an event.
  • 11.6 We will not be liable to you for failure to perform any of our obligations under this Purchase Policy to the extent that the failure is caused by a force majeure event (meaning any cause beyond our reasonable control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments). This clause does not affect the terms of any clauses specifically providing for a right of refund.
  • 11.7 Nothing in this Purchase Policy seeks to exclude or limit our or any Event Partner’s liability for death or personal injury caused by our or any Event Partner’s negligence, fraud or other types of liability which cannot by

  • 12. QUERIES, COMPLAINTS AND DISPUTE RESOLUTION

  • 12.1 law be excluded or limited.
  • 12.2 If we need to contact you, we will use your Booniverse Ltd account contact details (or the contact details you provided at the time of purchase). It is your responsibility to inform us immediately of any changes to your contact details, whether before or after receipt of Items. In particular, please ensure that you provide us with a valid email address as this is our preferred method of contacting you. You should also be aware that your email mailbox settings may treat our emails as junk, so remember to check your junk and/or spam folders.
  • 12.3 If you have any queries or complaints regarding your purchase, please contact us by emailing support@Booniverse.ie quoting any order reference numbers.
  • 12.4 Your query or complaint shall be acknowledged by us as soon as possible and in any event, within five business days of receipt.
  • 12.5 We may need to contact one or more Event Partners for more information before responding to your query or complaint.
  • 12.6 If any dispute arises, we shall use our reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement satisfactory to you, us and any relevant Event Partner. Please note, some complaints can take as much as 30 days to resolve.
  • 12.7 Although this does not restrict your rights to pursue court proceedings, if we are unable to settle any dispute by negotiation with you within 30 days, you and we may attempt to settle it by mediation. To initiate mediation, a party must give written notice to the other parties to the dispute requesting a mediation.
  • 12.8 Nothing in this Purchase Policy affects or restricts your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of dispute resolution such as through the European Union Online Dispute Resolution Platform (“EU ODR Platform“), a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider.

  • 13. GENERAL

  • 13.1 If we delay or fail to enforce any of the provisions of this Purchase Policy, it shall not mean that we have waived our right to do so.
  • 13.2 We shall be entitled to assign our rights and obligations under this Purchase Policy provided that your rights are not adversely affected.
  • 13.3 If any provision of this Purchase Policy is found by a competent court to be invalid or unenforceable, that provision shall be deemed to be omitted from this Purchase Policy and this shall not prevent the other provisions from continuing to remain in full force and operate separately.
  • 13.4 If any provision of this Purchase Policy is or becomes illegal, invalid or unenforceable pursuant to the law of any applicable jurisdiction, this shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Purchase Policy.
  • 13.5 Nothing contained within this Purchase Policy and no action taken by you or us pursuant to this Purchase Policy shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent.
  • 13.6 Any notice provided under this Purchase Policy shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email).18.7 This Purchase Policy shall be governed by and construed in all respects in accordance with Irish law and both you and we agree to submit to the non-exclusive jurisdiction of the Irish courts in relation to any dispute arising out of or in connection with this Purchase Policy.

Booniverse Deals Policy

  1. General Information

1.1 This Deals policy apply to every Deal you avail of from Booniverse Ltd acting in the name and on behalf of the Merchant.

1.2 Booniverse Ltd means Booniverse Ltd, a company registered in Ireland and with its registered office at First Floor, 42 Upper Abbeygate Street, Galway, Ireland. Booniverse Ltd’s registration number is 653261.

1.3 Deal means an instrument, electronic form, which entitles the holder of such Deal (the “Deal Holder”) to receive the Merchant Offering from the Merchant during the period of time stated on the Deal (the “Redemption Period”).

1.4 The Merchant Offering shall mean the goods and/or services to be supplied and/or provided by the Merchant to the Deal Holder, as specified on Booniverse Ltd’s App and on the Deal.

1.5 The Merchant is a third party unrelated to Booniverse Ltd that sells, supplies and/or provides the Merchant Offering and authorises Booniverse Ltd to issue and transfer the Deal in the name and on behalf of the Merchant.  The contract for the supply and purchase of the Merchant Offering will be between you and the Merchant you redeem the Deal with and Booniverse Ltd will conclude the contract on behalf of, and as agent for, the Merchant in all cases.  Booniverse Ltd does not sell, supply and/or provide the Merchant Offering. It only issues, and transfers the Deal to you in the name and on behalf of the Merchant.

1.6 Booniverse Ltd, as an agent of the Merchant, reserves the right to unilaterally amend these Terms of Sale at any time. All amendments to these Terms of Sale will be posted on-line. 

  1. Availing of a Deal

2.1 You must be at least 18 years old to avail a Deal. Before you can make a avail of an offer you need to register and create an account with Booniverse Ltd.

2.2 By clicking on the “Get One” button you submit an offer to Booniverse Ltd, acting in the name and on behalf of the Merchant, to avail of the deal. Booniverse Ltd expressly reserves the right to reject your offer. In addition, even if Booniverse Ltd has accepted your offer, it can cancel the contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud against Booniverse Ltd, an affiliated third party of Booniverse Ltd or the Merchant.

  1. Redemption of a Deal

3.1 Unless expressly stated otherwise:

(a) the Deal can only be redeemed once;

(b) the Deal can only be redeemed with the Merchant and not with Booniverse Ltd;

(c) the Deal is valid for one person only; and

(d) you must follow the redemption instructions associated with the Deal when you redeem the Deal with the Merchant.

3.2 In order to redeem a Deal you must present it to the Merchant within the Redemption Period. If you do not redeem the Deal within the Redemption Period, the Deal expires automatically and cannot be redeemed anymore.

3.3 If you redeem the Deal for goods and/or services other than the Merchant Offering, you will not be entitled to a credit, cash refund or new Deal for the difference between the value of the Merchant Offering and the actual value of the goods and/or services supplied and/or provided by the Merchant to you.

3.4 Deals are redeemable in their entirety only. You are not entitled to a credit, cash refund or new Deal for the difference between the original (un-discounted) value and the redeemed value.

3.5 In the event that a Merchant cannot supply and/or provide the Merchant Offering as described for unforeseen reasons, Booniverse Ltd will notify you on behalf of the Merchant as soon as possible by email. 

  1. Use of a Deal

4.1 Availing of a Deal is for your non-commercial, personal use only. The commercial trade of a Deal is prohibited. The reproduction of a Deal is prohibited.

4.2 Your Deal is solely your responsibility. Neither Booniverse Ltd nor the Merchant is responsible for lost or stolen Deals or for retrieving Deal reference numbers or Deal security codes.

4.3 You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Deal, or allow anyone else to do so.

4.4 The reproduction (Screen shotting) of a Deal is prohibited.

  1. Cancellation (and exceptions), Refunds and Problems

5.1 If you redeem your Deal, but the Merchant has not properly provided you with the Merchant Offering, or if you have a complaint regarding the provision of the Merchant Offering, you must take action against the Merchant directly. This is because the Merchant, and not Booniverse Ltd, is responsible for the supply and/or provision of the Merchant Offering. Booniverse Ltd only supplies the Deal acting in the name and on behalf of the Merchant. However, if you and the Merchant cannot agree on how to resolve the complaint, Booniverse Ltd, acting in the name and on behalf of the Merchant, may, upon your request, try to help resolve the issue.

  1. Responsibility for the Merchant Offering

6.1 Please note that the Merchant, and not Booniverse Ltd, is:

6.1.1 the seller, supplier and/or provider of the Merchant Offering;

6.1.2 the party who enters into a contract with the Deal Holder when the Deal is redeemed; and

6.1.3 solely responsible for providing the Deal Holder with the Merchant Offering and for the Merchant Offering itself.

  1. Booniverse Ltd’s Standards of Services and Liability

7.1 Booniverse Ltd as the Merchant’s agent promises that:

7.1.1 it will exercise reasonable care and skill in performing its obligations under these Terms of Sale;

7.1.2 the Deals are of satisfactory quality and fit for their purpose; and

7.1.3 it shall not contravene the requirements of fairness or professional diligence in what it does.

7.2 Booniverse Ltd is always liable for: fraud or fraudulent misrepresentation made by itself; or any implied contractual terms that cannot be excluded or limited under applicable law.

7.3 Other than as set out in section 7.2 above, Booniverse Ltd is not liable for any other losses or damages you may suffer, including any indirect or consequential losses.

7.4 Booniverse Ltd does not promise the completeness, fitness for purpose or legality of the Merchant Offering. Booniverse Ltd is not liable for the quality, safety, usability or any other aspect of the Merchant Offering.

7.5 Booniverse Ltd is not liable for any breach of an obligation under these Terms of Sale where it is unable to carry out its obligations by any cause outside of its reasonable control.

7.6 Other than the liability arising under section 7.2, which is unlimited, Booniverse Ltd’s total liability to you will in no circumstances exceed the amount of 200% the purchase price of the Deal..

  1. Miscellaneous

8.1 If you breach these Terms of Sale and Booniverse Ltd takes no action against you this does not mean that Booniverse Ltd has waived its rights and remedies with regard to your breach. Booniverse Ltd may still take action or exercise its rights and remedies for that action, or any other situation, where you breach your obligations under these Terms of Sale.

8.2 Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by electronic mail (other than if you are sending a notice to Booniverse Ltd for the purpose of legal process) or by pre-paid post. Any notice Booniverse Ltd sends to you will be to the address you supplied to Booniverse Ltd when you registered for your Booniverse Ltd account. You can send any notice to Booniverse Ltd at the registered office address as set out in section 1.2.

8.3 If any provision of these Terms of Sale should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms of Sale are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated by the invalid or unenforceable provision.

8.4 These Terms of Sale are governed and interpreted by the laws of Ireland, without regard to its conflict or choice of law principles. Exclusive venue for any dispute shall be the courts of Ireland.