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Agency Agreement

Product/Service Tickets Agency Agreement 

This Agreement is entered into by and between the undersigned PARTIES:

By completing the Sign up you are authorised and freely provider the credentials of the Supplier including but not limited to: Registered Company Name, Represented by, Company Registeration Number, Head Office Address

  • Hereinafter referred to as the PRINCIPAL

And the other Party

PRODUCT/SERVICE TICKET AGENT

365 Tickets Jersey Limited, Represented by Tim De Gruchy - Managing Director Company No. 114458, Head Office. P.O. Box 365, Jersey, Channel Islands. JE4 9WR.

  • Hereinafter referred to as the ‘AGENT’.

PREAMBLE

The PRINCIPAL has been allocated to the category of Supplier.

The AGENT is a Global Ticket Marketing, Distribution and Sales Agent with headquarters in Jersey, Channel Islands.  The AGENT appoints Sub-Agents, under licence, in multiple-jurisdictions to conduct ticket administration services. The AGENT is interested in selling PRINCIPAL’s product/service tickets to its customers.

The PRINCIPAL agrees to offer the AGENT commission on the retail price of the product/service Tickets under the following terms and conditions:

 

Obligations of the Parties:

 

PRINCIPAL obligations:

During the period of validity of the present Agreement, the AGENT, may sell to its clients, product/service tickets for the PRINCIPAL, in accordance with the conditions, operation schedule, opening hours of the Terms & Conditions as indicated in the ANNEXES to the present document and forming an integral part of the same;

 

PRINCIPAL will honour as valid the product/service ticket issued by the AGENT and will give the final user/consumer the right of access to the PRINCIPAL, and the use of the facilities and installations therein for the period indicated on the product/service ticket, in accordance with the operating standards and regulation of the PRINCIPAL; 

 

The PRINCIPAL may charge the final user/consumer for extra services consumed by the final user/consumer and which are not included in the product/service ticket;

 

PRINCIPAL will inform the AGENT reasonably in advance in writing of any changes to the pricing, operation schedule, opening hours or any special event(s) taking place;

 

The PRINCIPAL, will register the AGENT product/service ticket which have been used by the AGENT’s customers to gain access to the PRINCIPAL and will provide the AGENT’s with evidence of the collated product/service ticket as the basis of any invoice which PRINCIPAL will raise and address to the AGENT; and

 

The PRINCIPAL will issue to the AGENT all copy and intellectual property, freely available and licenced by the PRINCIPAL to present for public consumption.  The AGENT shall not be culpable for material presented on AGENT site.

 

AGENT obligations:

The AGENT shall promote the PRINCIPAL as appropriate and as agreed with PRINCIPAL through their marketing and promotional media and assets in a manner as mutually agreed between the Parties in writing and ensure that this manner of promoting and marketing is upheld at all times throughout the duration of the Agreement against any loss or damage, which PRINCIPAL may suffer otherwise; 

 

The AGENT shall promote PRINCIPAL on the AGENT’s websites in local language, local currency, using best-localised business practices including secure local payment systems;

 

The AGENT may seek and secure prior approval from PRINCIPAL for the design and content of any and all web pages to be used by the AGENT to promote the product/service ticket; and

 

The AGENT shall seek and secure prior approval from PRINCIPAL for: the design, layout and content of a product/service ticket OR for the specification and format of an electronic barcode, offered on a mobile device.

 

Terms of Payment

Commission payable by PRINCIPAL to the AGENT for the sale of the product/service ticket by the AGENT shall be made by way of the AGENT paying to PRINCIPAL the net amount of the AGENT product/service ticket Price (being the value of the Taxable value of the Tickets sold by the AGENT minus the value of the commission payable by PRINCIPAL to the AGENT on the sold tickets).

 

Payments due to the PRINCIPAL, are to be made out by the AGENT on a weekly basis on the following Friday, through Bank Transfer or an agreed alternative payment method; and

 

In the event any invoice(s) remain outstanding forty five (45) days from the date of issuance, the AGENT shall clear these due amount(s) with immediate effect, to avoid any suspension of the AGENT’s customers being admitted to the PRINCIPAL.

 

Duration

The term of this Agreement shall be from the Form Submission Date and will terminated when written notice is provided in advance in accordance with the Termination Clause of this Agreement; and

 

Any renewal of this Agreement is upon mutual agreement between the Parties.

 

Statutory rights

The activities contemplated in the Agreement will comply with the requirements of all the relevant legislation (including subordinate legislation and rules of statutory authorities) for the time being in force or which may be applicable where such activities shall be made available and not breach any Agreement or infringe or violate any copyright, trademark or any other personal or property of any person or render any of the Parties liable to any proceedings. Either party shall notify the other and provide a maximum of 14 days to rectify a breach.  In cases where the breach is not rectified, either party may terminate this Agreement, forthwith. 

 

Confidentiality

PRINCIPAL and the AGENT agree to hold in strict confidence all terms of this Agreement and all information regarding each other obtained pursuant to this Agreement, and neither party shall disclose any such information to any other person (except their respective professional advisers or employees on need to know basis for performance under this Agreement) without the express written consent of the other party save to the extent that such disclosure is required by the law or by any authority or court; 

 

No such consent shall constitute a waiver of the right of confidentiality conferred hereunder but shall be limited strictly to its terms. The obligations under this clause shall survive the termination of this Agreement; and

 

PRINCIPAL and the AGENT shall treat each other’s customer data in strict confidence and neither shall use, copy, disclose or permit any of their personnel to use, copy or disclose this information for other marketing activities conducted by either party to the Agreement without prior written consent from the other.

 

Termination

Either Party may terminate this Agreement by providing the other with one (1) months advance notice in writing. Notwithstanding this, in the event that payment has not been made on the due date by the AGENT and/or the AGENT breaches any of its obligations under this Agreement, PRINCIPAL may terminate this Agreement in its sole discretion with immediate effect.

 

Notices

Any notice or any other communication required by the Agreement shall be in writing and shall be addressed to the parties as indicated below or any other address where a change of address is notified in writing to the other Party beforehand and such notice shall be deemed to have been received if sent by email to: [email protected]

 

Force Majeure

The occurrence of incidences of force majeure, such as war, earthquake, revolution, terrorist attack, closure of national borders, epidemics, natural disasters, lockouts, labor unrest, restrictions imposed by any Government authority or any other incidents which may gravely affect any of the Parties, will constitute grounds for non-compliance by the affected Party of the obligations established in the present Agreement.

 

Applicable Legislation and Jurisdiction

Given the nature of the present contract, the Parties expressly agree to conform to the contents of the same, or, where not established herein, will be subject to the appropriate legislation. Furthermore, the Parties agree to seek an amicable resolution to any discrepancies which may arise regarding the interpretation, compliance, application or effectiveness of the present agreement. The Parties hereby agree to submit to the identified jurisdiction of the Courts and Tribunals, expressly renouncing any other jurisdiction to which they may have a right. 

 

In agreement with the terms and conditions described above, will be deemed approved with the tick on the submission form.

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