Gift Cards Terms and ConditionsTHESE TERMS AND CONDITIONS FORM YOUR AGREEMENT IN RELATION TO YOUR TICKETMASTER STORED VALUE GIFT CARD. UNLESS STATED OTHERWISE ALL TERMS AND CONDITIONS WHICH APPLY TO CARDS ALSO APPLY TO E-GIFT CARDS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE YOUR CARD. IF THERE IS ANYTHING YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH, PLEASE CONTACT CUSTOMER SERVICES USING THE CONTACT DETAILS AT PARAGRAPH 16 OF THIS AGREEMENT.
'Account Number' - This is your unique personal account card number.
'Account' - The electronic account associated with your Card.
'Agreement' - This cardholder agreement as varied from time to time.
'Available Balance' - Value of funds loaded onto your Card and available for use.
'Card' - Any Ticketmaster prepaid card issued to you under this Agreement.
'Cardholder' - You, the person entering into this Agreement with us.
'Customer Services' - The contact centre for dealing with queries and requests for services in relation to your Card. Contact details for Customer Services can be found at paragraph 16 below.
'e-Gift Card' - Any Ticketmaster prepaid code issued to you under this Agreement.
'e-money' - The electronic money associated with your Card.
'Merchant' - A retailer, or any other person, firm or corporation that accepts Ticketmaster Cards.
Ticketmaster – billettservice AS (Company number 924 348 526) whose registered office is Grensen 16-18 0159 Oslo, Norway.
'Transaction' - A retail sale completed by you using your Card.
'we', 'us' or 'our' - PrePay Technologies Limited, a company registered in England and Wales with number 04008083 who can be contacted at PO BOX 3371, Swindon, SN5 7WJ. PrePay Technologies Limited is authorised and regulated by the Financial Services Authority to issue e-money and is registered in the UK Financial Services Authority Register with registration number 900010.
'you', 'your' - The Cardholder (being either the purchaser of the Card or the person to whom the Card has been transferred pursuant to clause 15.3).
1. Scope of this Agreement
1.1 Your Card is an e-money stored value gift card containing the value that you have loaded onto it. The Card is not a credit card, charge card, cheque guarantee card, or debit card.
1.2 These terms and conditions are written and available only in Norway and we will only communicate with you in Norwegian regarding any aspect of your Card or Account.
2. Purchase, Receipt and Activation of Cards
2.1 You can purchase a Card direct from ticketmaster by telephone on 815 33 133, online at www.ticketmaster.no/feature/gavekort/ or in store at any participating retailer.
2.2 You can purchase a Card by using any payment method accepted by the relevant retailer.
2.3 When purchased in a participating retailer, your Card will be activated by the retailer and will be ready to use from the point of activation.
2.4 When purchasing a Card direct from ticketmaster by telephone or online at the purchaser will need to give their name and the debit or credit card registered billing address for the Card. Your Card will be delivered to the stated delivery address within 14 days of purchase. When purchasing in this way cards will become active upon time of purchase. It may take up to three working days for an e-Gift Card to be activated and ready to use.
2.5 When the Card is purchased by telephone or online and the total cost is more than 300 NOK, the purchaser of the Card may cancel the purchase during a cooling off period of 14 days without incurring any penalty or charge. A cancellation form will be attached to the e-mail confirming your Card order. The 14 day cooling off period starts on the day that you receive the order confirmation containing the cancellation form. We will cancel the Card and reimburse any remaining balance to the purchaser within 30 days of the day on which we receive a completed cancellation form which has been signed by the purchaser. Only the purchaser of the Card has the right to cancel. Payments will be made as set out in paragraph 5. In respect of Cards (but not e-Gift Cards) you or the purchaser must return the Card together with the completed and signed cancellation form and proof of purchase of the Card. Any refund made will be by bank transfer to a Norwegian nominated bank account or by cheque. There is no facility for cash refunds. Additional information regarding the right to cancel is given in the cancellation form.
3. Use of Cards
3.1 Your Card can be redeemed in full or in part to purchase tickets to participating events and other ticketmaster products through ticketmaster by telephone on
815 33 133 online at ticketmaster.no (when available) and at Merchants (subject to ticketmaster's Purchase Policy which is available on http://www.ticketmaster.no/help/purchase-policy/ and by telephoning 815 33 133. Your Card cannot be redeemed to purchase tickets for events taking place outside of the Norway or to purchase tickets or other ticketmaster products that are available for sale in a currency other than NOK Norwegian Krone.
3.2 When using your card for online Transactions you will need the 3 digit security number written on the reverse of the Card in order to complete the Transaction. In all other cases the Transaction will be authorised at the point at which your Card is swiped by the Merchant or when you advise the telephone operator of your Card number and confirm to proceed with the Transaction. You may not usually stop a Transaction once you have authorised it as at that point it is deemed to be received by us. You will be responsible for all authorised Transactions.
3.3 Your Card is not a cheque guarantee card, debit card, credit card or charge card.
3.4 Your Card cannot be exchanged for cash.
3.5 Your Card is an e-money stored value gift card, which means that the Card's Available Balance will be reduced by the full amount of each Transaction and authorisation, plus value added tax and any other taxes that are applicable (the "Full Deductible Amount"). The Full Deductible Amount must be less than or equal to the Available Balance on your Card. You must not use your Card if the Full Deductible Amount exceeds the Available Balance or after the expiry date of the Card. If, for any reason, a Transaction is processed for an amount greater than the Available Balance on Your Card, you must repay us the amount by which the Full Deductible Amount exceeds your Available Balance within 14 days of a letter from us requesting payment.
3.6 You can check your Available Balance by calling 815 33 133, or by visiting www.ticketmaster.no/feature/gavekort/. This service is free of charge but call charges are applicable at network rates.
3.7 The Available Balance on your Account will not earn any interest.
4. Card Expiry
4.1 Your Card will expire 12 months after activation and a minimum of 12 months after purchase if the Card is never activated. You will not be able to use your Card if it has expired.
4.2 No Transactions will be processed once your Card has expired.
5. Refund of Your E-money
5.1 If you would like to terminate your Card and claim a refund of any unused funds, you must do so within six years from the date that your Card expires. We will not refund any remaining available balance to you where more than six years has passed since the date that your Card expired.
5.2 We will be entitled to charge the following redemption fees:
(i) in the first twelve months (i.e. before expiry): 100 NOK
(ii) up to one year from the date of expiry: Zero
(iii) more than one year from the date of expiry: 100 NOK
5.3 Please note that if your balance is 100 NOK or less and you want to redeem in circumstances where we are entitled to charge a redemption fee of 100 NOK, we will charge a redemption fee which is equal to your available balance, which will be reduced to zero.
5.4 You may redeem funds subject to the provisions described in paragraph 5.2 as long as;
(i) we believe you have not acted fraudulently; and
(ii)we are not prohibited from doing so by
any applicable law, regulation, court order
or instruction or guidance of a competent
regulatory authority or agency.
5.5 You can obtain redemption of any unused funds by contacting Customer Services. All redemptions will be paid by cheque or if you have a Norwegian bank account, and can provide us with your bank account details, then we will credit the refund to that account as instructed by you.
5.6 Any redemption shall be made together with a pro-rata refund of any activation fee that you may have paid in advance with respect to the Card (if applicable).
5.7 If we find that any additional withdrawals, fees or charges have been incurred on your Card following the processing of your redemption funds, we shall send an itemised invoice to you and we will require you to refund us within 14 days of the invoice. Should you not repay this amount within 14 days of receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.
5.8 Please note that our procedures may require us to carry out various checks reasonably required to prevent fraudulent use of your Card before we can process your refund request.
7. Lost, Stolen or Damaged Cards
7.1 You should treat the e-money on your Card like cash in a wallet. If you lose your Card or it is stolen you may lose any e-money on it in just the same way as if you lost your wallet.
7.2 In the event of loss, theft, fraud or any other risk of an unauthorised use of your Card, or if your Card is damaged or malfunctions, you must contact Customer Services using the details in paragraph 16 of this Agreement immediately. You will be asked to provide us with your Card Number and some identifying details. You will be liable for any unauthorised Transactions that take place prior to you notifying us and these will reduce your Available Balance. If our records show that there is an Available Balance remaining on your Card, we will cancel the Card to limit any further losses.
7.3 In the event of loss, theft, fraud or any other risk of an unauthorised use of your Card, or if your Card is damaged or malfunctions, we will redeem your Available Balance to you, unless we have any reason to believe that the notified incident has been caused by your breach of this Agreement, gross negligence or if it raises reasonable suspicion of fraudulent or improper conduct. The redemption proceeds will be paid to you in accordance with paragraph 5. No redemption fees will apply if you can demonstrate that the Card was stolen or damaged without negligence on your part.
7.4 If you subsequently find or retrieve a Card that you have reported lost or stolen, you must notify us immediately.
8. Card Fees
8.1 The Cards are subject to certain fees as follows:
8.1.1 A Card purchased on online or by phone are subject to a 30 -145 NOK delivery fee per order depending on the shipping option selected
8.1.2 the redemption fee set out at paragraph 5 (if applicable).
8.2 We will deduct any value added tax, and other taxes, charges and fees due from the Available Balance on your Card. If there is no Available Balance of funds on your Card, or value added tax and other taxes, charges and fees incurred exceed the balance of funds available, we shall send an itemised invoice to you and will require you to refund us within 14 days of the invoice.
9.1 If you have a good reason to believe that any of the Transactions for which your Card was used are unauthorised, or if you have a good reason to believe a Transaction has been posted to your Account in error, you may ask us to investigate the Transaction by contacting Customer Services within 28 days of the date of the relevant Transaction.
9.2 It is important that you have taken the precautions set out in these terms and conditions, in particular keeping your Card safe. We reserve the right not to refund sums to you if we believe that you have not acted in accordance with this Agreement.
9.3 If the disputed Transaction is investigated and found to be incorrect the value of the Transaction will be refunded to your Account. Until our investigation is complete the disputed amount will be unavailable to spend. It may later be deducted from your Account if we receive information that proves that the Transaction was genuine.
10.1 We may change the terms and conditions of this Agreement, including charges, fees and limits, at any time by posting an amended version on the website at http://www.ticketmaster.co.uk/giftcards for one or more of the following reasons:
10.1.1 to reflect the introduction or development of new systems, methods of operation, services or facilities;
10.1.2 to reflect a change or an expected change in market conditions, general good practice or the cost of providing our services to our customers;
10.1.3 to conform with or anticipate any changes in the law or taxation, any codes of practice or recommendations of the Financial Services Authority or other regulatory body;
10.1.4 to ensure that our business is run prudently and remains competitive;
10.1.5 to take account of a ruling by a court, ombudsman, regulator or similar body;
10.1.6 to make the terms and conditions fairer or clearer for you;
10.1.7 to rectify any mistake that might be discovered in due course; or
10.1.8 by agreement with you; or
10.1.9 to enable us to harmonise our banking interest or charging arrangements
10.2 We will give you reasonable notice by email of any material change in fees or service levels included in these terms and conditions. If you have not provided us with your email address you must regularly check the website at http://www.ticketmaster.no/feature/gavekort/ for up to date terms and conditions.
11. Termination or Suspension
11.1 We can terminate this Agreement at any time:
11.1.1 if we give you 30 days' notice and refund the Available Balance to you; or
11.1.2 with immediate effect if you have breached this Agreement, or if we have reason to believe that you have used, or intend to use the Card in a grossly negligent manner or for fraudulent or other unlawful purposes or if we can no longer process your Transactions due to the actions of third parties.
11.2 We can suspend your Card at any time with immediate effect (and until your default has been remedied or the Agreement terminated) if:
11.2.1 we discover that any of the information that you provided to us when you applied for your Card from ticketmaster by telephone or online was incorrect;
11.2.2 a Transaction has been declined because of a lack of Available Balance; or
11.2.3 you have breached this Agreement or we have reason to believe that you have used, or intend to use, the Card in a grossly negligent manner or for fraudulent or other unlawful purposes or if we cannot process your Transactions due to the actions of third parties.
11.3 In the event that any additional fees and/or charges are found to have been incurred on your Card following termination by either you or us, you shall refund to us any sum which relates to a withdrawal on the Card or fees and/or charges validly applied whether before or after termination. We shall send an itemised invoice to you and will require you to refund us within 14 days of the invoice.
12. Our Liability
12.1 Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:
12.1.1 We shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to, a lack of funds and/or failure of network services at Merchants and failure of data processing systems;
12.1.2 We shall not be liable for any loss of profits, loss of business, loss of data or any indirect, consequential, special or punitive losses;
12.1.3 where the Card is faulty due to our default, our liability shall be limited to replacement of the Card, or (at our choice) refund of the Available Balance;
12.1.4 where sums are incorrectly deducted from your Available Balance due to our default, our liability shall be limited to payment to you of an equivalent amount; and
12.1.5 in all other circumstances of our default, our liability will be limited to refund of the Available Balance.
12.2 Nothing in this Agreement shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence.
12.3 To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.
12.4 The above exclusions and limitations set out in this paragraph 12 shall apply to any liability of our affiliated companies or suppliers, contractors, agents or distributors and any of their respective affiliate companies (if any), to you, which may arise in connection with this Agreement.
13. Your Information
13.1 You may provide us with personal data from time to time in connection with your Card. Some personal data will be necessary for us to provide you with the Card and services under this Agreement. You must notify us immediately of any change of name and address or other personal details in writing by visiting ticketmaster.no/gavekort/ or by using the contact details set out in paragraph 16 for these purposes.
13.3 We may contact credit reference agencies to check your identity, and they will add details of our search to your record. You agree that we can use your personal data in connection with the Card, and the e-money associated with the Card, to contact you about replacement Cards, and to enable us to review, develop and improve our products and services. This may involve providing your personal data to our affiliated companies, agents, distributors, and suppliers to process Transactions and for their statistical research and analytical purposes. We may also transfer your personal data outside of the EEA to enable you to use the Card while you are travelling, and such countries may not offer the same protections for personal data. We may also disclose your personal data as required by law, regulation or any competent authority or agency including to authorities and agencies to investigate possible fraudulent, unlawful or unauthorised activity.
13.4 You may contact us at any time to request us to stop such use or further disclosure to other companies for such use.
13.5 You have a right to inspect the personal data we hold about you however we will ask you to pay an inspection fee of an amount up to the equivalent of €10 to cover our costs. For further information please contact Customer Services using the contact details at paragraph 16 of these terms and conditions.
13.6 If we discover that the information we hold about you is incorrect, we may have to suspend or cancel your Card until we can establish the correct information, in order to protect us both.
14. Complaints Procedure
14.1 Complaints regarding any element of the service provided by us should be sent in writing or by email to Customer Services using the details set out in paragraph 16 of this Agreement.
14.2 All complaints will be subject to our Complaints Procedure. We will provide you with a copy of our Complaints Procedure upon request and, if we receive a complaint from you, a copy of our Complaints Procedure will automatically be posted to you.
14.3 If we fail to resolve your complaint to your satisfaction you may refer your complaint to the Finansklagenemnda (Postboks 53, Skøyen, Oslo. 0212 ; telephone 23 13 19 60) or to Forbrukerombudet (P.O Box 4597, Nydalen, N-0404, Oslo; telephone +47 23 400 600).
14.4 The UK Financial Services Compensation Scheme is not applicable for the Card. No other compensation schemes exist to cover losses claimed in connection with the Card. We will however safeguard your funds, so that in the event of our insolvency, your funds are protected.
15.1 Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.
15.2 If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
15.3 You may not assign or transfer any of your rights and/or benefits under these terms and conditions and you shall be the sole party to the contract between us unless you make the transferee aware of this Agreement, obtain the transferee’s consent to be bound by this Agreement (except for the right to cancel under clause 2.5 which remains with the purchaser) and ensure that the transferee at all times complies with the terms of this Agreement. You will remain liable until all Cards issued to you are cancelled or have expired and all sums due under these terms and conditions have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.
15.4 No third party who is not a party to this Agreement has a right to enforce any of the provisions of these terms and conditions.
15.5 This Agreement is governed by English law and you agree to the non-exclusive jurisdiction of the courts of England and Wales.
16. Contacting Customer Services
16.1 If you need assistance, you can contact Customer Services by telephoning 815 33 133 between the hours of 08.30 - 16.30 Monday to Friday, or by writing to Customer Services at PB 645 Sentrum 0106 Norway, or by e-mailing via the website at ticketmaster. Please feel free to contact us by social media as facebook or twitter as well.