Enter your details to create a free account. Once you are registered, you can start designing and selling your merch collections immediately
Enter your details to create a free account. Once you are registered, you can start designing and selling your merch collections immediately
The legal stuff:
Our terms and conditions are broken into the following sections:
Terms and conditions for fans using the Hawkr app and making a purchase
BACKGROUND:
These Terms and Conditions are the standard terms for the sale of goods by Hawkr Live Ltd (“The Company”) a Private Limited Company registered in England and Wales under number 12981155 and whose Registered Office address is 35 Ballards Lane, London,N3 1XW
1. Definitions and Interpretation
1.1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“App” Means the mobile application, designed for use on mobile phones, tablets and watches, operated by HawkrLive Ltd and designed and branded for the operation of the service otherwise known as Hawkr Live
“Artist” Means any performer providing music or speech based performance at a concert and who wishes to participate in, and sell Goods under, the Hawkr Live Process and/or any person, company or body registering with us as a representative of such Artist
“Consumer” means any person buying Goods through the HLP
“Contract” means the contract for the purchase and sale and licensing of Goods or Intellectual Property, as explained in Clause 3; the concert or other similar event that is connected with the Goods you wish to purchase;
“Event” the concert or other similar event that is connected with the Goods you wish to purchase;
“Fan” any person wishing to purchase on this App one of the Event linked T-shirts and/or other Goods and sometimes referred to here as ‘you’;
“Goods” means the goods which are to be supplied by us to Artists for sale by them to Fans as part of the HLP;
“Hawkr Live Process” means the procedures to be followed by Artists and Fans for the operation of a virtual merchandise stand at performances of the Artists as set out in detail in The Schedule below and as amended from time to time (hereinafter referred to as the “HLP”);
“Order” means your order for the Goods;
“Order Confirmation” means acceptance and confirmation of your Order as described in Clause 3;
“Website” means https://www.hawkrlive.com
“We/Us/Our/Ourselves” means Hawkr Live Ltd a private Limited Company registered in England and Wales under number 12981155 and whose Registered Office address is 35 Ballards Lane, London,N3 1XW
1.1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail or other means.
1.1.3 Use of the singular includes the plural and the masculine includes the feminine
2. Information About Us
2.1 Hawkr Live Ltd is a Private Limited Company registered in England and Wales under number 12981155 and whose Registered Office address is 35 Ballards Lane, London,N3 1XW
2.2 Our VAT number 384 6939 39
3. The Contract
3.1.1 These Terms and Conditions govern the sale of Goods by Artists to you a Fan. . Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
3.1.2 We provide a venue for Fans to purchase Goods from Artists in relation to particular live performances and act as facilitator to enable and fulfil such transactions. It is important to note that We are not a party to that transaction. By using this App and purchasing Goods you agree that you are not buying from Us but from the particular Artist. Any action We choose to take, such as in fulfilling delivery and assisting with queries, complaints, cancellations and returns, we do on behalf of the Artist.
3.1.3 At all times you will agree to take whatever steps are necessary in order to comply with the Hawkr Live Process, as amended from time to time
3.1.4 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer to the Artist that the Artist may, at his/her/their discretion, accept.
3.1.5 A legally binding contract between the Artist and you will be created upon The Artist’s acceptance of your Order, indicated by an Order Confirmation provided in writing.
3.1.6 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between the Artist and you, save for where such information is already apparent from the context of the transaction:
3.1.6.a.1 The main characteristics of the Goods;
3.1.6.a.2 The identity of the Artist and Our contact details (set out below in Clause 12);
3.1.6.a.3 The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
3.1.6.a.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
3.1.6.a.5 Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
3.1.6.a.6 Our complaints handling policy;
3.1.6.a.7 We shall ensure that you are aware of the legal duty of the Artist to supply goods that are in conformity with the Contract;
4. Description and Specification of Goods
4.1.1 We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in The App. Neither we nor the Artist can, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate due to discrepancies that may arise during the printing process and/or differences in the colour reproduction of digital displays.
4.1.2 If you receive any Goods that do not conform to the Contract, please refer to Clause 8.
4.1.3 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, as a result of any such error or omission, you have received the wrong Goods, you may return those Goods to Us as provided in Clause 8. If, as a result of any such error or omission, you have paid too much, We will arrange for a refund of the excess paid for the Goods.
4.1.4 We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
5. Orders
5.1.1 All Orders for Goods made by you will be subject to these Terms and Conditions.
5.1.2 You may cancel your Order at any time before the Goods are dispatched by contacting Us. If you have already paid for the Goods under Clause 6, the payment will be refunded to you within 14 days. If you request that your Order be cancelled, you must confirm this cancellation in writing.
5.1.3 Save with the expressed consent in writing by the Artist from whom the Goods were purchased, you agree not to buy any Goods if it is your intention to resell such Goods or otherwise make use of them for a trade, business, professional, industrial or other commercial purpose.
5.1.4 We may cancel your Order at any time before We despatch the Goods in the following circumstances:
5.1.4.a.1 The Goods are no longer in stock and the Artists is unable to re-stock (if, for example, the Goods are discontinued); or
5.1.4.a.2 The Event did not take place or had been cancelled; or
5.1.4.a.3 A factor outside of Our control continues for more than 14 days (please see Clause 11 for events outside of Our control).
5.1.4.a.4 We believe that your wish to purchase was with a view to the resale of the Goods which would be against the purpose of the HLP being to limit sales of Goods to people who are fans of the relevant Artists and who are wishing to buy the Goods as a memento of a particular performance or set of circumstances.
5.1.5 If We, on behalf of the Artist, cancel your Order under sub-Clause 5.4 and you have already paid for the Goods under Clause 6, the payment will be refunded to you within 14 days. If the Order is cancelled, the cancellation will be confirmed by Us in writing.
6. Price and Payment
6.1.1 The Price of the Goods will be that shown in the price list on The App in force at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
6.1.2 If We quote a Special Price which is different to the Price shown in the current price list the Special Price will be valid for the period declared at the time by us. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
6.1.3 The Prices may change at any time but these changes will not affect any Orders that have already been accepted.
6.1.4 We have made every reasonable effort to ensure that the Prices, as shown in the current price list are correct. Prices will be checked when We process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price. If the actual Price of the Goods is higher than that stated in your Order, We will ask you how you wish to proceed.
6.1.5 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We may adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
6.1.6 Our Prices exclude the cost of delivery. Delivery costs will be added on to the final sum due.
6.1.7 All payments for Goods must be made in advance before the Goods will be despatched to you.
7. Delivery
7.1.1 When We provide you with an Order Confirmation, We will provide an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Goods, your location, and circumstances beyond Our control. Unless agreed otherwise, the Goods will be delivered without undue delay and in any case no later than 30 Calendar Days after the date on which the Contract is formed.
7.1.2 Delivery will be deemed to have taken place when the Goods have been delivered to the delivery address indicated in your Order and you (or someone identified by you) have taken physical possession of the Goods or, if you are collecting the Goods from Us yourself, when you have collected the Goods.
7.1.3 The responsibility (sometimes referred to as the “risk”) for the Goods remains with the Artist until delivery is complete at which point it will pass to you. Please note, however, that if you do not wish to use the nominated carrier to deliver them, instead choosing your own carrier, the risk in the Goods will pass to you as soon as they are passed to your chosen carrier.
7.1.4 You own the Goods only when you have made payment in full for them.
7.5 If delivery of the Goods is refused other than by yourself you may treat the Contract as being at an end and We will reimburse you without undue delay.
8. Faulty, Damaged or Incorrect Goods
8.1.1 By law, the Artist must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us, on behalf of the Artist, of the fault, damage or error, and to arrange for a refund, repair or replacement.
8.1.2 Beginning on the day that you receive the Goods (and ownership of them) you have a 30 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. If you do not wish to reject the Goods, or if the 30 Calendar Day period has expired, you may request that the Goods are repaired or replaced. Within the first six months after you have received the Goods, you are entitled to a repair or replacement unless We can prove that the defect was not present at the time you bought the Goods. After the first six months, you must prove to Us that the defect was present at the time of purchase in order to qualify for a repair or replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to you. In some cases, if repair or replacement is impossible or otherwise disproportionate, We may instead offer you the alternative (i.e. a replacement instead of a repair or vice versa) or a full refund.
If you request a repair or replacement during the first 30 Calendar Day period, that period will be suspended while We carry out the repair or replacement and will resume on the day that you receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days.
If, after a repair or replacement, the Goods still do not conform (or if We cannot repair or replace them, as described above, or have failed to act within a reasonable time and/or without causing you significant inconvenience), you may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
If you exercise this final right to reject the Goods more than six months after you receive them (and ownership of them), we may reduce any refund to reflect the use you have had out of the Goods.
Within a period of six years after you receive the Goods (and ownership of them), if the Goods do not last a reasonable length of time (depending upon their nature), you may be entitled to a partial refund. Please be remember that after six months have passed since you received the Goods, the burden of proof will be on you to prove that the defect or non-conformity existed at the time of delivery.
8.1.3 Please note that you will not be eligible to claim under this Clause 8 if We informed you of any faults, damage or other problems with the Goods before your purchase of them; if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not return Goods to Us under this Clause 8 merely because you have changed your mind. Please refer to Clause 9 for details of what to do if you change your mind.
8.1.4 To return Goods to Us for any reason under this Clause 8, you may return them to Us by post or another suitable delivery choice. We will be fully responsible for the costs of returning Goods that are faulty, damaged or incorrect under this Clause 8 (but not otherwise) and will reimburse you where appropriate.
8.1.5 Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
8.1.6 Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased.
8.1.7 For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9. Returning Goods If You Change Your Mind
9.1.1 If you are not satisfied with any Goods purchased from Us you have the benefit of a ‘cooling off’ period with the right to cancel the contract and return them in exchange for a refund subject to the provisions of this Clause 9. This Clause 9 does not apply to Goods that are not in compliance with the Contract and your legal rights. For such Goods, please refer to Clause 8.
9.1.2 If you wish to cancel the contract of your purchase you must do so within 14 days of taking delivery telling Us that you wish to cancel because you have changed your mind.
9.1.3 Subject to 9.4, all Goods must be returned to Us under this Clause 9 in their original condition and in their original, un-opened packaging, accompanied by proof of purchase.
9.1.4 Should you wish to check that you have ordered the correct size , you may open the packaging for a once only check of the size and subject to returning the Goods into the packaging without damage and complying with 9.3.
9.1.5 You are solely responsible for the cost of returning Goods to Us under this Clause 9.
9.1.6 Refunds or replacements, less an amount to reflect any damage caused to the Goods since delivery to you will be issued to you within 14 days of Our receipt of the Goods.
9.1.7 Please note that this extended return period (guarantee) applies only to consumers resident in the United Kingdom. The provisions of this Clause 9 are in addition to your legal rights, not instead of them.
10. Our Liability
10.1.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our or the Artist’s breach of these Terms and Conditions or as a result of Our or the Artist’s negligence (including that of Our or the Artist’s employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of Our or the Artist’s breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
10.1.2 We only supply Goods for domestic and private use. We make no warranty or representation that the Goods are fit fora trade, business, professional, industrial or other commercial purpose of any kind (including resale). By making your Order, you agree that you will not use the Goods for such purposes nor purchase to resell the Goods. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
10.1.3 Nothing in these Terms and Conditions seeks to exclude or limit Our or the Artist’s liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
10.1.4 Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
11. Events Outside of Our Control (Force Majeure)
11.1.1 Neither We nor the Artist will be liable for any failure or delay in performing Our or their obligations where that failure or delay results from any cause that is beyond Our or their reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic, pandemic or natural disaster, or any other event that is beyond Our reasonable control.
11.1.2 If any situation described under this Clause 11 occurs that is likely to adversely affect Our or the Artist’s performance of any of Our or their obligations under these Terms and Conditions:
11.1.2.a.1 We will inform you as soon as is reasonably possible;
11.1.2.a.2 Our obligations, and those of the Artist, under these Terms and Conditions will be suspended and any time limits that We or they are bound by will be extended accordingly;
11.1.2.a.3 We will inform you when the situation outside of Our or the Artist’s control is over and provide details of any new dates, times or availability of Goods as necessary;
11.1.2.a.4 If the situation outside of Our or the Artist’s control continues for more than 14 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
11.1.2.a.5 If the situation outside of Our or the Artist’s control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 5.4 above.
12. Communication and Contact Details
If you wish to contact Us, you may do so by email at customerservices@hawkrlive.com
13. Complaints and Feedback
13.1.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
13.1.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available by writing to Us at customerservices@hawkrlive.com
14. How We Use Your Personal Information (Data Protection)
We will only use your personal information as set out in Our Privacy Policy available from clicking here.
15. Other Important Terms
15.1.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
15.1.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission. Please note, however, that you can transfer the benefit of the extended return period (guarantee) in Clause 9 without our consent.
15.1.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions (except the benefit of the extended return period (guarantee) in Clause 9).
15.1.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
15.1.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
16. Governing Law and Jurisdiction
16.1.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of England & Wales.
16.1.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
16.1.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England or Wales.
THE SCHEDULE
The HAWKRLIVE PROCESS
(a)The HAWKR LIVE PROCESS has been designed as an improvement on the current way in which artists engage with their fanbase with particular reference to the sale at venues of merchandising associated with tours and other live performances
(b)The HAWKRLIVE PROCESS provides a platform to facilitate the sale by Artists direct to Fans of T-shirts and other items of merchandise carrying graphics and text designed to reflect specified live performances by Artists and as provided to by, or on behalf of, the Artist
(c) Fans who register on our App, have the opportunity, during a limited period of time, and, if physically located at the venue at which the performance takes place, (or as close to it as the geo-location functionality in the App will allow from time to time), to request to buy from Artists. through the App, merchandise carrying the graphics and text as provided by the Artist for that particular performance.
(d) Purchase orders by fans are restricted to a period of 12 hours before and 24 hours after the particular performance described in the graphics.
(e) Purchase orders can only be submitted and paid for via the HAWKRLIVE App
(f) The rule in (c) and (d) above will limit the items associated with that particular performance and thus add a limited edition value to the item,
Terms and conditions for visiting the Hawkr website or Hawkr app
Please note that by Using this website or App, (together hereinafter referred to as “Our Site”), that you Accept These Terms and Conditions.
These Terms and Conditions, together with any other documents referred to herein, set out the terms of use governing your use of Our Site.
These Terms and Conditions were last updated on the 5th July 2021.
If you do not agree to these Terms and Conditions, you must stop using Our Site immediately.
1. Definitions and Interpretation
1.1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“App” Means the mobile application, designed for use on mobile phones, tablets and watches, operated by HawkrLive Ltd and designed and branded for the operation of the service otherwise known as Hawkr Live
“Artist” Means any performer providing music or speech based performance at a concert and who wishes to participate in, and sell Goods under, the Hawkr Live Process and/or any person, company or body registering with us as a representative of such Artist
“Consumer” means any person buying Goods through the HLP
“Contract” means the contract for the purchase and sale and licensing of Goods or Intellectual Property, as explained in Clause 3;
“Event” the concert or other similar event that is connected with the Goods you wish to purchase;
“Fan” any person wishing to purchase on this App one of the Event linked T-shirts and/or other Goods and sometimes referred to here as ‘you’;
“Goods” means the goods which are to be supplied by us to Artists for sale by them to Fans as part of the HLP;
“Hawkr Live Process” means the procedures to be followed by Artists and Fans for the operation of a virtual merchandise stand at performances of the Artists as set out in detail in The Schedule below and as amended from time to time (hereinafter referred to as the “HLP”);
“Order” means your order for the Goods;
“Order Confirmation” means acceptance and confirmation of your Order as described in Clause 3;
“Website” means https://www.hawkrlive.com
“We/Us/Our/Ourselves” means Hawkr Live Ltd a private Limited Company registered in England and Wales under number 12981155 and whose Registered Office address is 35 Ballards Lane, London,N3 1XW
1.1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail or other means.
1.1.3 Use of the singular includes the plural and the masculine includes the feminine
2. Information About Us
2.1 The Website is owned and operated by Ourselves
2.2 We are registered for Value Added Tax under number 384 6939 39
3 Access to Our Site
3.1 Access to Our Site is free of charge. No part of Our Site requires payment of any kind in order to access or use it.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4 Intellectual Property Rights
4.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed to Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties. All rights are reserved.
4.2 Subject to sub-Clauses 4.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express prior written permission to do so by Us.
4.3 You may, for purely personal, non-commercial, use by yourself (and not otherwise):
4.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
4.3.2 Download Our Site (or any part of it) for caching;
4.3.3 Print pages from Our Site;
4.3.4 Download extracts from pages on Our Site; and
4.3.5 Save pages from Our Site for later and/or offline viewing.
4.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
4.5 Nothing in these Terms and Conditions limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; the making of personal copies for private use; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
5 Links to Our Site
5.1 You may link to Our Site provided that:
5.1.1 You do so in a fair and legal manner;
5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
5.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission; and
5.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
5.1.5 You may not link to any page other than the homepage of Our Site ie www.hawkrlive.com. Deep-linking to other pages requires Our prior express written permission.
5.1.6 Framing or embedding of Our Site on other websites is not permitted without Our express written permission
5.2 You may not link to Our Site from any other site the main content of which contains material that;
5.2.1 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
5.2.2 Promotes violence;
5.2.3 Promotes or assists in any form of unlawful activity;
5.2.4 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
5.2.5 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
5.2.6 Is calculated or is otherwise likely to deceive another person;
5.2.7 Is designed or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
5.2.8 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive;
5.2.9 Implies any form of affiliation with Us where none exists;
5.2.10 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of ourselves or of any other party; or
5.2.11 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
5.2.12 The above content restrictions do not apply to content submitted to sites by other users (excluding content submitted by or on behalf of Artists as defined in the HLP), provided that the primary purpose of the site accords with the above provisions. You are not, for example, prohibited from posting links on general-purpose social networking sites merely because another user may post such content. You are, however, prohibited from posting links on websites which focus on or encourage the submission of such content from users.
6 Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
7 Disclaimers
7.1 The Content on Our Site does not constitute advice on which you should rely. It is provided for general information purposes only.
7.2 We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
7.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date. This is especially so given that much of the content has been uploaded directly by the public.
8 Our Liability
8.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
8.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
8.3 We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
8.4 We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
8.6 Notwithstanding the above, nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
9 Viruses, Malware and Security
9.1 We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 8.4.
9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
9.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
9.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
10 Acceptable Usage Policy
10.1 You may only use Our Site in a manner that is lawful. Specifically:
10.1.1 You must ensure that you comply fully with any and all local, national or international laws and/or regulations;
10.1.2 You must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
10.1.3 You must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
10.1.4 You must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
10.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions. Specifically, We may take one or more of the following actions:
10.2.1Suspend, whether temporarily or permanently, your right to access Our Site;
10.2.2 Issue you with a written warning;
10.2.3 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
10.2.4 Take further legal action against you as appropriate;
10.2.5 Disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
10.2.6 Any other actions which We deem reasonably appropriate (and lawful).
10.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
11 Privacy and Cookies
Use of Our Site is also governed by Our combined Privacy and Cookie Policy, available from........... and, if you make use of the service we offer on Our Site by either offering to buy goods or providing content as a performer then all your and Our such activity is governed by the Terms and Conditions available from …..( in respect of use by Fans) and available from…… (in respect of use by Artists). These policies are incorporated into these Terms and Conditions by this reference.
12 Changes to these Terms and Conditions
12.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You are therefore advised to check this page from time to time.
12.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
13 Contacting Us
To contact Us, please email Us at customerservices@hawkrlive.com
14 Data Protection
Any and all personal information that We may collect will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights and Our obligations under that Act as well as in accordance with our Privacy Policy.
15 Law and Jurisdiction
15.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of English and Wales.
15.2 Any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
16 Dispute Resolution
If any dispute or difference arises out of or in connection with these Terms and Conditions the parties shall, in the first instance, refer the matter to www.SeeYouOutOfCourt.com for the purpose of that website offering a form of mediation or other form of alternative dispute resolution (ADR) procedure acceptable to both parties before pursuing any other remedies available to them.
17 Miscellaneous
17.1 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that those provision(s) shall be deemed severed from the remainder of these Terms and Conditions and the remainder of these Terms and Conditions shall be valid and enforceable.
17.2 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
THE SCHEDULE
The HAWKRLIVE PROCESS (updated on the 05/07/2021 )
(a)The HAWKR LIVE PROCESS has been designed as an improvement on the current way in which artists engage with their fanbase with particular reference to the sale at venues of merchandising associated with tours and other live performances
(b)The HAWKRLIVE PROCESS provides a platform to facilitate the sale by Artists direct to Fans of T-shirts and other items of merchandise carrying graphics and text designed to reflect specified live performances by Artists and as provided to by, or on behalf of, the Artist
(c) Fans who register on our App, have the opportunity, during a limited period of time, and, if physically located at the venue at which the performance takes place, (or as close to it as the geo-location functionality in the App will allow from time to time), to request to buy from Artists. through the App, merchandise carrying the graphics and text as provided by the Artist for that particular performance.
(d) Purchase orders by fans are restricted to a period of 12 hours before and 24 hours after the particular performance described in the graphics.
(e) Purchase orders can only be submitted and paid for via the HAWKRLIVE App
(f) The rule in (c) and (d) above will limit the items associated with that particular performance and thus add a limited edition value to the item
Terms and conditions for artists using Hawkr
1. Definitions and Interpretation
1.1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“App” Means the mobile application, designed for use on mobile phones, tablets and watches, operated by HawkrLive Ltd and designed and branded for the operation of the service otherwise known as Hawkr Live
“Artist” Means any performer providing music or speech based performance at a concert and who wishes to participate in, and sell Goods under, the Hawkr Live Process and/or any person, company or body registering with us as a representative of such Artist
“Consumer” means any person buying Goods through the HLP
“Contract” means the contract for the purchase and sale and licensing of Goods or Intellectual Property, as explained in Clause 3; the concert or other similar event that is connected with the Goods you wish to purchase;
“Event” the concert or other similar event that is connected with the Goods you wish to purchase;
“Fan” any person wishing to purchase on this App one of the Event linked T-shirts and/or other Goods and sometimes referred to here as ‘you’;
“Goods” means the goods which are to be supplied by us to Artists for sale by them to Fans as part of the HLP;
“Hawkr Live Process” means the procedures to be followed by Artists and Fans for the operation of a virtual merchandise stand at performances of the Artists as set out in detail in The Schedule below and as amended from time to time (hereinafter referred to as the “HLP”);
“Order” means your order for the Goods;
“Order Confirmation” means acceptance and confirmation of your Order as described in Clause 3;
“Website” means https://www.hawkrlive.com
“We/Us/Our/Ourselves” means Hawkr Live Ltd a private Limited Company registered in England and Wales under number 12981155 and whose Registered Office address is 35 Ballards Lane, London,N3 1XW
1.1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail or other means.
1.1.3 Use of the singular includes the plural and the masculine includes the feminine
2 Information About Us
2.1 HawkrLive Ltd is a Private Limited Company registered in England and Wales under number 12981155 and whose Registered Office address is 35 Ballards Lane, London,N3 1XW
2.2 Our VAT number is 384 6939 39
3 The Contract
3.1 These Terms and Conditions govern, should your offer to register on the Website be accepted by Us under 3.3, the commercial, contracting and licensing relationship between Us and you the Artist in accordance with, and in order to operate, the HLP and, as such, forms the basis of the Contract between Us and you.
3.2 At all times, once your offer to register has been accepted by Us, you will agree to take whatever steps are necessary in order to comply with the HLP, as amended from time to time,
3.3 Your expression of a wish to register on this service, by following a procedure to register set out in our App or website, constitutes a contractual offer that We may, at Our discretion, accept. If We accept your application, We will notify you forthwith from when you can begin to participate in the HLP
3.4 A legally binding contract between Us and you will be created upon Our acceptance of your application, indicated by Our confirmation by email to you.
4 Warranties on the Part of the Artist
You the Artist hereby warrant:-
(a) that either you are the Artist described in the registration that you complete on our Website or you are an agent or other representative with full authority and lawful right under contract to register the Artist on the Website
(b) that the performances of which you notify us on the Website for inclusion in the HLP are, at the time of such notification, correctly described and planned to take place
(c) that copyright and other intellectual property rights in all graphics, text and other content submitted to Us within the HLP is/are either owned by yourself, personally or by a company in which you are the majority owner and set up for the purpose , inter alia, of owning your Intellectual Property, and, if so, you grant to Us a perpetual royalty free, non-exclusive, licence to use, copy, reproduce, distribute as required to comply with, and facilitate the operation of, the HLP including for the marketing of the HLP or that you are in receipt of a full and free licence from the owner of such Intellectual Property to empower you to grant, through sub-licence to Us, and without payment or reward, a right to enable such graphics and text to be printed on Goods sold by Ourselves and generally to be used for the purposes of the HLP.
5 Obligations on the part of the Artist
You agree that:-
5.1 – in order to create and activate your account with Us so as to benefit from the HLP, and gain access, you are required to provide an active email address capable of receiving emails from Us. You have no right to access The Site if you register with a fake and/or invalid email address.
5.2 - should you at any point stop being able to receive emails at the address you provide, it is your responsibility to amend your account email address via the admin area.
5.3 – it is your sole responsibility and not in any way a responsibility of Us, to keep your login details confidential.
5.4 – you will familiarise yourself with the HLP and comply with it and generally participate in good faith.
5.5 - you will not upload to any part of the Website or App any image in which intellectual property rights vest in a third party without permission in writing from such third party being delivered to Us, and your receiving confirmation of the same from Us, prior to the upload. We also have the right to disclose your identity to any third party who is claiming that any such image constitutes a breach of their intellectual property rights or their right to privacy.
5.6 you will not upload to any part of the Website or App any graphic or text that is in any way misleading or inaccurate or inconsistent with the objective and purpose of the HLP or which breaches the law of any country whose laws apply to your participation in the HLP, or can be considered defamatory of any person or body corporate or otherwise breaches the civil rights of any person or body corporate or contains or is racist, homophobic or promotional of violence or has the capacity to introduce or lead to viruses, adware, spyware, or other malicious code. We reserve the right to remove content that we, at our absolute discretion, considers to be in breach of this provision and of these Terms and Conditions in general,.
5.7 we reserve the right at any time to terminate, without reason, and without any recourse by you, your ability to participate in the HLP
5.8 we have the right to remove any image or text you upload to the Site if, in Our absolute opinion, it does not comply with these Terms and Conditions and/or the principal objective of the HLP, and also have the right to disclose your identity to any third party who is claiming that any image or text you upload to the Website constitutes a breach of their intellectual property rights or their right to privacy.
5.9 you will receive, in full consideration of your participation in the HLP, and within 30 days of Our receipt of the same, a sum representing the Artist’s Share of the revenue received by Us for the sale of all Goods containing graphics and text that had been uploaded to the Website by Yourself and appertaining to a performance of Yourself/the Artist.
6 Indemnity
You will at all times indemnify and keep indemnified Us against all claims, demands, judgements, damages, losses or similar arising from any breach of this or other clauses in these Terms and Conditions.
7 Returned Goods
If for any reason any Goods that relate to a performance of yours are returned by any Consumer then any payments in respect of such sales made to you, or to any person on your behalf, by Us must be returned to Us forthwith or, if not as yet paid, need no longer be paid to you or to any person on your behalf.
8. Our Liability
8.1 We will not be responsible for any loss or damage that you may suffer as a result of Our conduct generally of the HLP save that if we breach any of these Terms and Conditions then any liability on us is restricted to such monies as We lawfully earn out of sales of Goods under the HLP, after payment of the proportion to the Artist, and that relate to any action or lack of action by Ourselves in connection with sales related to any particular performance of the Artist.
8.2 We have no liability for whatever use is made of the Goods by any Fans or the way in which they act under the HLP.
8.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
9 Events Outside of Our Control (Force Majeure)
9.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic , pandemic or other natural disaster, or any other event that is beyond Our reasonable control.
9.2 If any situation described under this Clause 9 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
9.2.1 We will inform you as soon as is reasonably possible;
9.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
9.2.3 We will inform you when the situation outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
10 Communication and Contact Details
If you wish to contact Us, you may do so by by email at customerservices@hawkrlive.com
11 Complaints and Feedback
11.1 We always welcome feedback from Artists and, whilst We always use all reasonable endeavours to ensure that your experience as an Artist customer is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
11.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available by writing to Us at customerservices@hawkrlive.com
12 Alternative Dispute Resolution
12.1 Alternative dispute resolution or ‘ADR’ refers to ways of resolving disputes between people in dispute without going to court.
12.2 If you are unhappy with how we have handled any complaint with Us, you and we agree to seek mediation through www.SeeYouOutOfCourt.com
12.3 You and We agree to not issue any proceedings through court without at first having attempted to resolve any dispute either between ourselves directly or by mediation provided by www. .SeeYouOutOfCourt.com.
13 Governing Law and Jurisdiction
13.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the laws of England & Wales.
13.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England or Wales.
SCHEDULE 1
The HAWKRLIVE PROCESS (updated on 5/07/2021 )
(a)The HAWKR LIVE PROCESS has been designed as an improvement on the current way in which artists engage with their fanbase with particular reference to the sale at venues of merchandising associated with tours and other live performances
(b)The HAWKRLIVE PROCESS covers the sale of T-shirts and other items of merchandise carrying graphics and text designed to reflect specified live performances by Artists and as provided to us by, or on behalf of, the Artist
(c) Fans who register on our App, have the opportunity, during a limited period of time, and, if physically located at the venue at which the performance takes place, (or as close to it as the geo-location functionality in the App will allow from time to time), to request to buy from Us . through the App, merchandise carrying the graphics and text provided by the Artist for that particular performance.
(d) Sales orders by fans are restricted to a period of 12 hours before and 24 hours after the particular performance described in the graphics.
(e) Sales orders can only be submitted and paid for via the HAWKRLIVE App
(f) The rule in (c) and (d) above will limit the items associated with that particular performance and thus add a limited edition value to the item,
(g) Artists wishing to benefit from the App, must, beforehand, register on our website at www.hawkrlive.com.
(h) Artists agree to upload to the Website graphics and text describing live performances and select online various items such as T-shirts etc and colours and on which the graphics and text provided and uploaded to the Website by the Artist is printed
(i) In return for the participation by the Artist, the Fan agrees, on buying an item, to consent to his or her personal data being forwarded to the Artists for the purpose of sending from time to time, for marketing purposes, information about the artist and his, her or their performances and recordings