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I have read and agree to the Terms & Conditions.
Valid for 1 year from the date of purchase, the Hawk and Peddle Marketplace Vendor subscription provides you with your very own place in the Hawk and Peddle Marketplace to promote and sell your products.
Whether they be physical or downloadable products, this is the right place to be for a fantastic opportunity to grow your online sales.
Please read them carefully.
These Terms are binding on any use of the Service and apply to You from the time that Hawk and Peddle provides You with access to the Service.
By registering to use the Service, you acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom you use the Service.
These Terms were last updated on 15 November 2018.
means the fee (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which Hawk and Peddle may change from time to time on notice to You).
includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
means any data inputted by You or with Your authority into the Website.
“Intellectual Property Right”
means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
means the services made available (as may be changed or updated from time to time by Hawk and Peddle) via the Website.
means the Internet site at the domain www.hawkandpeddle.co.uk or any other site operated by Hawk and Peddle.
“Hawk and Peddle”
means Hawk and Peddle Limited which is listed with Companies House (United Kingdom).
means any person or entity, other than the Subscriber, that uses the Service.
means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
means the Subscriber, and where the context permits, an Invited User. “Your” has a corresponding meaning.
2. Use of Software
Hawk and Peddle grants You the right to access and use the Service via the Website with the particular user roles available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement. You acknowledge and agree that, subject to any applicable written agreement between the Subscriber and the Invited Users, or any other applicable laws:
2.1 the Subscriber determines who is an Invited User and what level of user role access to the relevant organisation and Service that Invited User has;
2.2 the Subscriber is responsible for all Invited Users’ use of the Service;
2.3 the Subscriber controls each Invited User’s level of access to the relevant organisation and Service at all times and can revoke or change an Invited User’s access, or level of access, at any time and for any reason, in which case that person or entity will cease to be an Invited User or shall have that different level of access, as the case may be;
2.4 if there is any dispute between a Subscriber and an Invited User regarding access to any organisation or Service, the Subscriber shall decide what access or level of access to the relevant Data or Service that Invited User shall have, if any.
3. Your Obligations
3.1 Payment obligations:
A Subscription Access Fee will be charged 14 days post Hawk & Peddle having provided You access to Your Hawk and Peddle account. At this date payment will be required to preserve Your access to the Hawk and Peddle Service. Hawk and Peddle will continue charging You annually until this Agreement is terminated in accordance with clause 8.
Prior to your subscription renewal date, Hawk and Peddle will contact you 30 days in advance to remind you of your subscription expiration. You must purchase your annual subscription by the due date or your store will be unavailable for continuous trading.
Hawk and Peddle will charge a 9% commission on each completed sales transaction, excluding tax and shipping charges. The commission is deducted at the time of the transaction and the remaining funds for each transaction will be held in the Your Hawk and Peddle account for a duration of 28 days.
3.2.1 Withdrawal of Funds
You can request withdrawal of available funds 28 days after transactions have been marked as completed on Hawk and Peddle and that Your balance exceeds the minimum amount of £50.
3.3 Preferential pricing or discounts:
You may from time to time be offered preferential pricing or discounts for the Access Fees. Eligibility for such preferential pricing or discounts is conditional upon Your acceptance of responsibility for payment of any Access Fees in relation to all of Your Organisations. Without prejudice to any other rights that Hawk and Peddle may have under these Terms or at law, Hawk and Peddle reserves the right to render invoices for the full (non-discounted) Access Fees due or suspend or terminate Your use of the Service in respect of any or all of Your Organisations in the event that any invoices for those Access Fees are not paid in full by the due date for payment.
3.4 General obligations:
You must only use the Service and Website for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Hawk and Peddle or condition posted on the Website. You may use the Service and Website on behalf of others or in order to provide services to others but if You do so you must ensure that You are authorised to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
4. Access conditions:
5. Usage Limitations:
Use of the Service may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against Hawk and Peddle’s application programming interface. Any such limitations will be advised.
6. Communication Conditions:
As a condition of these Terms, if You use any communication tools available through the Website (such as any forum, chat room, blog message centre or Vlog), You agree only to use such communication tools for lawful and legitimate purposes. You must not use any such communication tool for posting or disseminating any material unrelated to the use of the Services, including (but not limited to): offers of goods or services for sale, unsolicited commercial e-mail, files that may damage any other person’s computing devices or software, content that may be offensive to any other users of the Services or the Website, or material in violation of any law (including material that is protected by copyright or trade secrets which You do not have the right to use).
When You make any communication on the Website, You represent that You are permitted to make such communication. Hawk and Peddle is under no obligation to ensure that the communications on the Website are legitimate or that they are related only to the use of the Services. As with any other web-based forum, You must exercise caution when using the communication tools available on the Website. However, Hawk and Peddle does reserve the right to remove any communication at any time in its sole discretion.
You indemnify Hawk and Peddle against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Hawk and Peddle, including (but not limited to) any costs relating to the recovery of any Access Fees that are due but have not been paid by You.
8. Confidentiality and Privacy
i. Unless the relevant party has the prior written consent of the other or unless required to do so by law:
iii. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
9. Intellectual Property
Title to, and all Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Hawk and Peddle (or its licensors).
Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Hawk and Peddle Access Fee when due. You grant Hawk and Peddle a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
You must maintain copies of all Data inputted into the Service. Hawk and Peddle adheres to its best practice policies and procedures to prevent data loss, including a daily system data back-up regime, but does not make any guarantees that there will be no loss of Data. Hawk and Peddle expressly excludes liability for any loss of Data no matter how caused.
If You enable third-party applications for use in conjunction with the Services, You acknowledge that Hawk and Peddle may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. Hawk and Peddle shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
You acknowledge that:
iii. You will indemnify Hawk and Peddle against any claims or loss relating to:
Hawk and Peddle gives no warranty about the Services. Without limiting the foregoing, Hawk and Peddle does not warrant that the Services will meet Your requirements or that it will be suitable for any particular purpose. To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.
1.To the maximum extent permitted by law, Hawk and Peddle excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Website.
2.If You suffer loss or damage as a result of Hawk and Peddle’s negligence or failure to comply with these Terms, any claim by You against Hawk and Peddle arising from Hawk and Peddle’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Access Fees paid by You in the previous 12 months.
3.If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 8.
When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services for a period of 14 days. If You choose to continue using the Services thereafter, You will be required to pay the Subscription fee in full. If You choose not to continue using the Services, Hawk and Peddle will disable and delete your account and all associated and stored data.
Hawk and Peddle will provide a refund for any remaining period at a pro-rata rate for a prepaid Access Fee subscription. Hawk and Peddle will charge an administration fee of £30 to cancel Your subscription.
These Terms will continue for the period covered by the Access Fee paid or payable under clause 3.1. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.
Hawk and Peddle may take any or all of the following actions, at its sole discretion:
For the avoidance of doubt, if payment of any invoice for Access Fees due in relation to any of Your Billing Contacts, Billing Plans or any of Your Organisations (as defined at clause 3) is not made in full by the relevant due date, Hawk and Peddle may: suspend or terminate Your use of the Service, the authority for all or any of Your Organisations to use the Service, or Your rights of access to all or any Data.
Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
Clauses 3.1, 3.6, 4, 5, 6, 7, 8 and 10 survive the expiry or termination of these Terms.
In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Hawk and Peddle. If You still need technical help, please check the support provided on-line by Hawk and Peddle on the Website or failing that email us at email@example.com.
Whilst Hawk and Peddle intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services or Website may be unavailable to permit maintenance or other development activity to take place.
If for any reason Hawk and Peddle has to interrupt the Services for longer periods than Hawk and Peddle would normally expect, Hawk and Peddle will use reasonable endeavours to publish in advance details of such activity on the Website.
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
You may not assign or transfer any rights to any other person without Hawk and Peddle’s prior written consent.
This Agreement is governed by the laws of England and Wales and You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this Agreement.
If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Hawk and Peddle must be sent to firstname.lastname@example.org or to any other email address notified by email to You by Hawk and Peddle. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
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