TERMS AND CONDITIONS
Merlin Tickets Terms and Conditions
Last updated: May 2019
By using Merlin Tickets (“The Service”) you agree to be bound by these terms and conditions. This page may be updated at any time to meet business or regulatory needs, so please be sure to check this page to fully understand the conditions of our service.
These terms and conditions apply to all tickets sold using a subdomain of MerlinTickets.co.uk, or through any affiliated websites hosted through a third party which use the Merlin Tickets source code ("Merlin Tickets" or this "Site").
Information about us
Merlin Tickets is owned and operated by Merlinsoft Ltd ("we" or "us"). We are registered in England under company no. 08791279 at The Business Village @ BBIC, Innovation Way, Barnsley, South Yorkshire, S75 1JL.
What we do
Merlin Tickets provides a quick and simple means for creating events online and online ticketing and registration. Merlin Tickets has no role in the organisation, marketing, management or payment processing for events or admissions. Therefore, Merlin Tickets has no direct responsibility for any events or admissions listed through the Site.
Merlin Tickets is not the creator, owner or organiser of these events, rather we provide our services which allow organisers to manage ticketing and registration for their events. The event organiser (“The Client”) is solely responsible for ensuring that any page displaying an event (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate and satisfactory manner.
Our relationship with you
Merlin Tickets maintains active business relationships with visitor attractions and events organisers ("The Client ") for whom we facilitate ticket sales. We have no relationship with Ticket Buyers ("Buyers"), this relationship remains between The Client and the Buyer.
Payment and refund policy
All payments processed through The Service will be processed through a secure third party payment gateway by an authorised Payment Processor chosen by The Client. Such Payment Processors currently include "Stripe" or "Worldpay", but others may be available by prior arrangement with us.
Tickets must be paid for at the time of booking, and will be deducted from the credit, charge or debit card entered when making the booking. Payment of that amount will be collected by the Payment Processor on behalf of The Client. All payment processing is fully PCIDSS compliant.
Once tickets have been purchased, any refunds, order issues or complaints should be resolved by contacting The Client. As we do not handle payments, we accept no responsibility for their verification and management, nor do we accept responsibility for orders not fulfilled by The Client.
Our charges are invoiced at month end based on a percentage basis. The percentage is charged on the total value of payments processed using Merlin Tickets for the month. We do not charge any upfront fees to setup your Merlin Tickets booking platform.
Our rates are:-
2.5% of total online sales for Merlin Tickets customers (stand alone)
2% of total online sales for Merlin 8 customers (integrated)
Please note, a minimum charge of £10 per month applies. Where payments are outstanding after the due date, we reserve the right to withdraw our services until the balance is settled.
Where The Client has unique requirements for their booking portal, such as custom templates or unique features, we are able to create bespoke solutions as a premium service. This service will incur additional charges, please contact us if you have any unique requirements.
Payment gateway charges
Merlin Tickets uses third party integrations from secure and licensed payment processors in order to make charges to Buyers accounts. The Client is required to create or use an existing account with Worldpay or Stripe in order to take and receive payments through Merlin Tickets.
If The Client is without an existing payment gateway account, we recommend using Stripe as an established, low cost and reliable payment gateway. An account can be setup at www.stripe.com/gb. Stripe allows users to set a payment schedule in order to receive payments within a few days of the transaction being placed, and also provide logs of transactions and facilitate refunds when necessary.
Selling tickets with Merlin
You can work with us to sell tickets online by contacting a Merlin Tickets or Merlinsoft representative. This can be done by emailing firstname.lastname@example.org, filling in our enquiry form, contacting us via social media, or by calling 01226 294413.
On contacting Merlinsoft we will discuss your requirements and build a booking portal that reflects your brand. We will also help you to setup your first ticket types and payment gateway so you can start generating income straight away.
Once setup, we will host your website at a SSL certificated "yourcompany.MerlinTickets.co.uk" web address ready to take orders. We are also able to host the Site on a vacant owned domain of your choosing.
If you are already a Merlinsoft customer, you can denote which products you want to sell online by checking the ‘available online' option in Merlin Back Office. Please contact us to setup a booking portal for Merlin 8 to connect to.
The Service can be used as a booking resource to distribute free tickets to events. As our fees are percentage based, there is no charge for free events.
Claiming Gift-Aid on admission
Merlin Tickets allows charity attractions to request and claim Gift-Aid on admissions and eligible events. For admissions to be eligible, The Client must be a registered UK charity, a 10% donation must voluntarily be given, and the Buyer must willingly consent that they allow The Client to claim Gift-Aid on the full value of the admission, including the donation.
In order to collate responses and submit Gift-Aid claims, The Client will need to be a Merlin 8 customer. Merlin 8 includes a feature to compile Gift-Aid donor declarations from both front of house sales and online; and allows The Client to submit these to HMRC directly through our submission tool.
For more information on claiming Gift-Aid, please visit the gov.uk website at https://www.gov.uk/claim-gift-aid.
Merlin Tickets allows The Client to add a booking fee on a per-ticket or per-transaction basis. There is no minimum or maximum fee that can be added, and this would be added at The Clients discretion. Where booking fees are charged, the full amount will be receivable by The Client. Booking fees are included within the total value of payments for the purposes of calculating the percentage based fees charged by The Service and The Clients chosen payment processor.
Merlin Tickets offers the option to lease or purchase ticket redemption hardware packages as part of our Queue Buster solution in order to quickly validate tickets on the Buyers' arrival. This is done so at an additional cost available on request.
Where equipment is issued on a rent or lease agreement, The Client agrees to insure all equipment on a full replacement basis against the risks of loss, theft or damage; and accepts full liability for any issues arising from the use or misuse of the equipment.
Linking and framing from or to Merlin Tickets
This site may contain links to third party websites which are not controlled or monitored by Merlin Tickets. We accept no responsibility for the content of these sites, or for any loss or damage that may result from using them.
Merlin Tickets and all subdomains within Merlin Tickets are protected by an SSL certificate. When visiting a Merlin Tickets site, please ensure that you have been linked to the site from a trusted source, that the domain is spelled correctly, and that the domain conforms to our SSL certification (i.e the domain begins with https://).
Exclusions and limitations of liability
Merlin Tickets facilitates the sale of admissions, events, products, vouchers and memberships to The Clients using our online booking portal. The Service acts as an intermediary between The Client and the Buyer. The Clients maintain full responsibility to ensure the fulfilment of any goods or services made available through their Merlin Tickets booking portal as described to the Buyer at time of purchase.
Whilst we endeavour to ensure minimal downtime and to rectify site issues as soon as they appear, we can offer no guarantees as to the availability of The Service at any time and do not warrant that The Service will be uninterrupted, timely, secure, or error-free.
Save as provided below, we exclude all liability for all loss and damage incurred by you or any user in connection with The Service. Without limitation, we exclude all liability for the following: direct, indirect, special exemplary or consequential loss or damage, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
Nothing in these terms and conditions affects, limits or excludes our liability for death or personal injury arising from our negligence, or our liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under applicable law.
Your use of Merlin Tickets is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Merlin Tickets does not warrant that the results that may be obtained from the use of The Service will be accurate or reliable.
Merlin Tickets does not warrant that the quality of any products, services, information, or other Materials purchased or obtained through The Service will meet your expectations, or that any errors in The Service will be corrected.
If any part of these terms and conditions is found to be invalid or unenforceable, then the remainder of these terms shall remain in full force and effect.
If we fail to exercise or enforce any right we have under these terms and conditions, this does not mean we have waived that right and we may still exercise or enforce that right at a later date.
The Client acknowledges that Merlin has absolute rights to the Intellectual Property of any software supplied by them. The Client agrees that it is only permitted to use the Intellectual Property for the purposes of and during the use of The Service, and shall not use any trademarks, trade names or other material which resemble Merlin's corporate identity and which would therefore be likely to confuse or mislead.
Jurisdiction and applicable law
Merlin Tickets is owned and operated by Merlinsoft Ltd. If you have any concerns or wish to contact us for any reason, please complete a contact form at http://merlinsoft.co.uk/contact, or write to us at Merlinsoft Ltd, The Business Village @ BBIC, Innovation Way, Barnsley, S75 1JL.