Terms and Conditions

This User Agreement sets out the terms on which Tickhit.com offers you access to and use of our sites, services, applications and tools (collectively ‘Services’). All policies are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services.

 

About Tickhit.com

Tickhit.com is an Online Prize Draw marketplace that allows users to offer, sell and buy just about anything with correctly answered prize winners selected by the Irish Lotto Bonus Ball draws. winners are selected by 9pm every Wednesday & Saturday lottery draws.

 

Tickhit does not have possession or ownership of anything listed or sold through Tickhit.com and is not involved in the actual transaction between buyers and sellers. The contract for the sale is directly between buyer and seller. Tickhit.com is also not involved or have any influence over the results of UK National Lottery draws.

 

While we may provide pricing, postage, listing and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. Tickhit.com does not review users' listings or content. While we may help facilitate the resolution of disputes through various programmes, tickhit.com has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content, listings or feedback; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.

Using Tickhit.com

In connection with using or accessing the Services you will not:

  • post, list or upload content or items in inappropriate categories or areas on our sites;

  • breach or circumvent any laws, third party rights or our systems or policies;

  • sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;

  • use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our Services;

  • fail to pay for items purchased by you, unless you have a valid reason as set out in an our policy the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller

  • fail to deliver items sold by you, unless you have a valid reason as set out in an tickhit.com policy, for example the buyer fails to comply with the terms posted in your listing, or you cannot contact the buyer;

  • manipulate the price of any item or interfere with any other user's listings;

  • post false, inaccurate, misleading, defamatory, or libellous content;

  • take any action that may undermine the Feedback or ratings systems 

  • transfer your tickhit.com account (including Feedback) and user ID to another party without our consent;

  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

  • use the contact information of other users for any purpose other than in relation to a specific tickhit.com  transaction (which includes using this information to send marketing materials directly to tickhit.com users unless the user has given explicit consent to receiving these materials);

  • distribute viruses or any other technologies that may harm tickhit.com, or the interests or property of tickhit.com users;

  • use any robot, spider, scraper or other automated means to access our Services for any purpose.

  • bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;

  • export or re-export any tickhit.com application or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;

  • copy, modify, or distribute rights or content from our Services or tickhit's works of authorship, designs and trademarks;

  • copy, reproduce, reverse engineer, modify, create derivative works from, distribute, perform or publicly display any content (except for your information) from our Services without the prior express written permission of Tickhit.com and the appropriate third party, as applicable;

  • commercialise any tickhit.com application or any information or software associated with such application;

  • harvest or otherwise collect information about users, such as email addresses, without their consent; or

  • circumvent any technical measures we use to provide the Services.

You agree that we will commence supplying our services to you as soon as you accept this User Agreement. You can cancel this User Agreement under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. We may recoup the cost of any services provided up to the point of cancellation.

We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. 

Abusing Tickhit.com

Without limiting other remedies, we may limit, suspend, or terminate your user account(s) and access to our Services, restrict or prohibit access to, and your activities on, our Services, cancel listings, remove or demote listings, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:

  • we think that you are creating problems or possible legal liabilities;

  • we think that such restrictions will improve the security of the tickhit.com community or reduce our or another user's exposure to financial liabilities;

  • we think that you are infringing the rights of third parties;

  • we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies or abuse our employees or users;

  • despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or

  • you fail to make full payment of any fees due for our Services by your payment due date.

When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement, and to do the right thing for both buyers and sellers.

Fees

The fees we charge for using our Services are listed on our Seller fees page. We may change our fees, or introduce new fees from time to time by posting the changes on the website or via the Messages section of My account . You may close your account without penalty within 30 days of such notice being given.

You are required to have a payment method on file when selling on tickhit.com. If your payment method fails or your account is overdue, we may collect fees owed by charging other payment methods on file and retaining collection agencies or legal counsel.

Listing Conditions

When listing an item, you agree to comply with the rules for listing and selling practices policy and that:

  • you are responsible for the accuracy, content and legality of the item listed and agree to list in accordance with the prohibited and restricted Items policy;

  • you are responsible for ensuring that all 39 tickets are sold within 28 days and if time elapses then you are responsible for returning funds to ticket buyers.

  • your listing may not be immediately searchable by keyword or category for up to 24 hours. tickhit.com does not guarantee exact listing durations;

  • content that violates any of tickhit.com's policies may be deleted at tickhit.com's discretion;

  • where your listing appears in search and browse results may be based on a number of factorssuch as listing start time,  end time, keywords, price and  Feedback,

    tickhit.coms duplicate listing policy may also affect whether your listing appears in search results;

  • Meta-tags and URL links that are included in a listing will be removed or altered so as to not affect third party search engine results;

  • We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your listings to other sellers;

  • some optional upgrade features will only be visible on certain Tickhit.com Services.

Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.

Purchase Conditions

When buying an ticket, you agree to comply with the rules for buyers and that:

  • you are responsible for reading the full item listing before making a bid or commitment to buy;

  • you enter into a legally binding contract to purchase a ticket when you commit to buy a ticket

  • you understand that by purchasing a prize draw ticket you are not guarenteed to be the winner of the prize offered

International buying, selling and translation

Sellers and buyers are responsible for complying with all laws and regulations applicable to international sales, purchases, and postage of items.

By listing your item on tickhit.com you authorise us to use automated tools to translate your  content and member to member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy or availability of any translation is not guaranteed.

 

Content

When providing us with content (including causing content to be posted using our Services), you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content (including without limitation, creating and using derivative works) and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in or to the content in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights or any other intellectual property rights you have in the content against us, our sublicensees or our assignees. We may offer, license or otherwise make available for your use catalogues of stock images, descriptions, product specifications, and other content, which may be provided by third-parties (including Tickhit users). You may use such catalogue content solely in connection with your prize listings during the time your listings are on tickhit.com's sites. That permission is subject to modification or revocation at any time at our discretion.

While we try to offer reliable data, we cannot promise that catalogue content will always be accurate and up-to-date, and you agree that you will not hold us or our catalogue providers responsible for inaccuracies. If you choose to include catalogue content in your listings, you continue to be responsible for ensuring that your listings are accurate, do not include misleading information and fully comply with this User Agreement and all therin policies. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).

Additional Terms

Returns

 

When an item is returned, to refund the buyer, you authorise Tickhit to request PayPal to reverse the refund amount (in the same or other currency) from your PayPal account, and place the amount on your seller invoice as a fee (which may be charged to your automatic payment method on file). If the buyer returns an item because it does not match the listing description, sellers will usually be responsible for return postage costs.

You authorise Tickhit.com to include return postage charges and auto-refunds on your seller invoice as a fee, which may be charged to your automatic payment method on file, when;:

  • An automatically generated return postage label is used, and the seller is responsible for its cost;

  • Returns and refunds have been automated: and/or

  • You fail to send your buyer a return shipping label and instead an automatically generated label is used.

When a transaction is cancelled, and you choose to refund the buyer via paypal, you authorise PayPal to reverse the refund amount (in same or other currency) from the seller’s PayPal account, to the buyer. 

Money Back Guarantee

Most prize ticket sales go smoothly, but if there’s a problem with a purchase, the Money Back Guarantee helps buyers and sellers communicate and resolve issues. The Money Back Guarantee policy is part of this User Agreement and incorporated by reference. You agree to comply with the policy and permit us to make a final decision on any case.

Sellers must have a payment method on file with Tickhit.com. Sellers may change this payment account by editing Paypal account in "My Account" If we resolve a case in the buyer's favour, or if a seller chooses to reimburse a buyer, we may notify PayPal of the relevant case and remove funds from the seller's PayPal account to reimburse the buyer for the full cost of the item, and postage. Where there are insufficient funds in the seller's PayPal account, we will directly refund the buyer and charge the seller's designated payment method or put the amount on the seller’s invoice. 

For this purpose, you, in the capacity of a seller:

  • authorise and instruct us to request PayPal to collect or reverse variable amounts from your PayPal account to carry out a buyer reimbursement;

  • authorise and instruct us to request PayPal to collect or reverse variable amounts in other currency holdings (representing payments related to eligible claims) from your PayPal account to carry out a buyer reimbursement where you do not have sufficient funds available in the transaction currency;

  • authorise and instruct us to request PayPal to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your PayPal account at any point during the resolution process. (This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies. 

  • authorise and instruct us to charge the payment method you select to recover the amount we pay to the buyer (in cases where we refund the buyer directly); and

  • authorise and instruct us to place the reimbursement amount on the seller invoice, including but not limited to the cost of return postage labels.

You acknowledge and agree that your authorisations above will be made on a recurring basis and on various dates as required by us to implement the terms of the Money Back Guarantee policy. For future claims, where we resolve a dispute in the buyer's favour, we will notify the seller and continue to charge the seller's preferred method of payment. If sellers do not provide us with a valid reimbursement method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies. We may suspend the Money Back Guarantee policy without notice if we suspect abuse or interference with the proper working of the policy.

 

Liability

We try to keep our services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. update and other notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond tickhit.com control.

We (including our parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:

  • your use of or your inability to use our Services;

  • pricing, postage or other guidance provided by us;

  • delays or disruptions in our Services;

  • viruses or other malicious software obtained by accessing, or linking to, our Services;

  • glitches, bugs, errors, or inaccuracies of any kind in our Services;

  • damage to your hardware device from the use of any tickhit.com Service;

  • the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;

  • a suspension or other action taken with respect to your account or breach of the account abuse policies;

  • the duration or manner in which your listings appear in search results; or

  • your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. This is especially so if you are a consumer.

You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.

tickhit cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the price the item sold for on tickhit.com and its original postage costs and the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or £100.

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

Compensation

You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.

Legal Disputes

If a dispute arises between you and tickhit.com we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.