Terms & Conditions
1.1 The Seller is Hawk and Peddle Ltd. Registered in England and Wales at Companies House No. 9757953. Registered Office 4 South View, East Preston, West Sussex. BN161PX.
1.2 Please note that Hawk and Peddle Ltd facilitates the sale of certain products on www.hawkandpeddle.co.uk as an agent for various retailers. By making an order on this site you enter into a contract with the relevant retailer itself rather than with us.
1.3 Certain products are subject to age restrictions as indicated on the Product Listing Section. By placing your order for any of these products, you confirm that you have reached the required age. Your entire order will be cancelled if we are unable to verify your age using the details you have submitted. Alcohol can only be purchased by and for individuals aged 18 or over and liqueur chocolates can only be purchased by or for individuals aged 16 or over.
1.4 All measurements are approximate.
1.5 The reproduction of colours is as accurate as the photographic and production process will reasonably allow.
1.6 All risk in the products we supply to you, in particular the risk of any loss or damage, shall pass to you on delivery of the products to the address you specify in your order. Ownership of the products shall not pass to you until we have received payment in full in respect of such products.
1.7 We shall not be liable for any indirect losses you may suffer, including any loss of profit, income or anticipated savings as a result of our failure to comply with these terms or our negligence. Save that our liability in respect of any death or personal injury caused by our negligence shall not in any way be restricted.
1.8 These terms, constitute the entire terms on which we will provide products to you and cancel and supersedes all prior arrangements and representations, whether verbal or written.
1.9 We may amend these terms from time to time at our discretion without notice to you. Any amends will be posted on this website and will supersede any terms and conditions previously published by us.
1.10 No delay or failure by ourselves in exercising or enforcing any of our rights or remedies under these terms shall operate as a waiver of those rights.
1.11 If any one or more of the provisions of these terms should be held by any court to be unenforceable, such provision shall be validly restated to as nearly as possible approximate the intent of the clause and, if such clause cannot be restated for any reason, shall be severable from these terms and deleted.
1.12 You may not assign or sub-contract any of your rights or obligations under these terms to any person without our prior written consent. No third party shall be entitled to enforce any of these terms whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise.
1.13 All matters concerning and incidental to any offer or agreement for the purchase and sale of products from our website shall be in English and construed and governed according to English law and the English courts shall have exclusive jurisdiction in all such matters.
THESE TERMS AND CONDITIONS DO NOT IN ANY WAY AFFECT YOUR STATUTORY RIGHTS
2.1 Our display of products on our website is an invitation and not an offer to sell those products to you.
2.2 An offer is made when you place the order for your products. However, we will not have made a contract with you unless and until we accept your offer (see point 2.5 below).
2.3 We take payment from you when we process your order. Products are subject to availability. If we are unable to supply the products, we will inform you of this as soon as possible. A full refund will be given if you have already paid for the products.
2.4 If you enter a correct e-mail address we will send you an order acknowledgement e-mail and order update e-mail(s). These are not order confirmation or order acceptance from us.
2.5 Unless we have notified you that we do not accept your order or you have cancelled it, order acceptance and the creation of the contract between you and us (or the relevant retailer in relation to certain sales which are facilitated by us) will take place at the point the products you have ordered are dispatched to be delivered to the address you have given us. Very occasionally an error may occur resulting in the products described on our website not being the products actually available for sale. If this occurs your order will not be or have been accepted. We may ask you whether you wish to purchase other products we may have available or the products which may have been dispatched to you in error. If so your order will be amended. Otherwise, we will treat any order as cancelled and any incorrect products dispatched should be returned to the retailer for a refund.
2.6 The contract will be formed at the place of dispatch of the products.
2.7 All orders that you place on this website will be subject to acceptance in accordance with clause 2.5 of these terms and conditions.
2.8 We do not file details of your order for you to access please print out these terms and conditions and the order acknowledgement for your own record.
3.1 Payment may be made by the methods indicated on our website.
3.2 You will be charged the current price for buying products from our website at the date you place your order. All prices are displayed on our website and are inclusive of VAT (where applicable). We reserve the right to amend prices if there is a change in the rate of VAT. All total prices for goods and services at the checkout represent the total price payable by the customer for those items, regardless of the address for delivery. Other components of the total price at the checkout, including delivery charge, may vary for each customer as these are set by the specific retailers.
3.3 A delivery charge will be applied at checkout.
3.4 We do our best to make sure that prices are correctly shown but very occasionally an error may occur. If this should happen, we will correct the price and ask you to confirm whether you still wish to purchase the products at the correct price. If we are unable to contact you, we will treat the order as cancelled. We will not accept an order if there is a pricing error.
4.1 Please note that our definition of Working Day is all days, from Mon-Sat, excluding Sunday and bank holidays.
4.2 If, for any reason, you wish to do so you have the right to cancel any order you have placed (other than in respect of products made to your specification, clearly personalised or unsealed audio or video recording or computer software). You may cancel an order at any point from placing the order up to fourteen (14) calendar days, from the day after delivery of the product(s) to you. This is in line with the Consumer Contracts Regulations 2013. We are unable to cancel any Next Day Home delivery orders once they have passed through our payment system. To cancel please refer to the specific retailers Terms & Conditions.
The following procedures will apply:
4.2.1 You can e-mail our Support Team at: firstname.lastname@example.org. If you have contacted us to cancel before delivery of your products, though your order will have been cancelled, normally delivery cannot be interrupted (except possibly if cancellation takes place within 30 minutes of order). Please refuse any delivery of cancelled products or return them to us.
4.2.2 For instructions on how to return an order, please visit our Returns section.
We hope you love what you buy on Hawk and Peddle. However, if you change your mind, most sellers accept returns.
All sellers who accept returns must give you at least 14 calendar days to let them know if you’d like to return something. Many sellers offer returns above and beyond this.
To check if a seller offers returns, have a look at the returns section that the specific retailer operates. For an item you’ve already bought, please make contact with the retailer to confirm how to make a return.
Who pays for return postage costs
If the item was not as described, the seller is responsible for paying return postage costs. If a buyer changes their mind about a purchase and wants to return it, they may be required to pay the postage costs depending on the seller’s return policy. Sellers can provide a return postage address and additional return postage information for you.
When you want to return an item using alternative postage arrangements and the seller is responsible for the return postage charges, you must work with the seller to agree on the postal service used and the cost before returning the item.
Unwanted goods must be returned in a fully resaleable condition and any tags must be intact. Extra care must be taken when trying on clothing, please ensure you are not wearing any make up, fragrance or deodorant that may leave a scent or mark. We reserve the right to refuse an exchange or refund if goods are not returned in a saleable condition or are damaged.
All original packaging should be supplied.
5.1 From 1st July 2007, all retailers of electrical products must comply with the Waste Electrical and Electronic Equipment (WEEE) legislation. This is a scheme to prevent all such waste being disposed of in general landfill site and to promote recycling of components and materials. The legislation aims to minimise the impact of electrical and electronic equipment on the environment by creating products with recycling in mind and encouraging reuse, recycling, and recovery of WEEE.
5.2 The definition of a WEEE product is one whose primary function is dependent on electrical currents to carry out the main function, e.g., a toaster. However, some products, such as a child’s soft toy with an electric circuit, is not classed as WEEE as its primary function is a toy.
5.3 A take-back service operates within Hawk and Peddle.co.uk. When you purchase a new electrical item from Hawk and Peddle you can exchange an old similar item (e.g. a toaster for a toaster).
5.4 In order to do this, you must send your new purchase receipt to: email@example.com in order to prove that the old item you are bringing back has a new similar purchase to link to.
5.5 You have 48 days from date of purchase to send back the old item to the specific retailer where your new item was purchased.
5.6 You may also take the item(s) to your local authority Civic Amenity Site if this is more convenient.
Other applicable terms
which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
- Our Acceptable Use Policy which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
Changes to these terms
Changes to our site
We may update our site from time to time and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
Accessing our site
Our site is made available free of charge for guest and customer account holders, but not for subscription-based accounts.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
Your account and password
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at: firstname.lastname@example.org
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws, Trade mark registrations and other registered and unregistered rights in treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
No reliance on information
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
Limitation of our liability
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use of, or inability to use, our site; or
- Use of or reliance on any content displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by us to you, which will be set out in Terms and Conditions.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you licence to us are described in the next paragraph
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
Rights you licence
When you upload or post content to our site, you grant us and third parties a Licence to use, store and copy that content and to distribute the content to third parties.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Linking to our site
You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact: email@example.com.
Third party links and resources in our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
This acceptable use policy sets out the terms between you and us under which you may access our website https://www.hawkandpeddle.co.uk (our site). This acceptable use policy applies to all users of and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms for Website Usage.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful, fraudulent or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of terms for Website Usage.
- Not to access without authority, interfere with, damage or disrupt any part of our site; or
- any equipment or network on which our site is stored; or
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
These content standards apply to any and all material which you contribute to our site (contributions). You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of website use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site
By continuing to browse our site, you consent to our placing cookies on your computer (unless you have chosen to disable them via your browser).
We respect your right to privacy and are committed to maintaining it. We only collect, store and process your personal data in accordance with the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2011.
Information that you have provided to us including but not limited to when you:
- Purchase products through the website
- Submit rate and reviews
- Use Hawk and Peddle applications on Facebook
- Use the Hawk and Peddle via mobile devices
- Enter competitions, prize draws or promotions which we are promoting
- Sign up to marketing/newsletters including by email and SMS
- Information you provide our partners and when you report a problem with the website
- Information you provide to us when applying through the website for registration, subscribing to any of our services or requesting further services
- If you contact us for any reason, we may keep a record of that correspondence
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
Information we collect using cookies stored on your device.
- Your IP address
- Details of your visits to the website including, but not limited to, traffic data, location data and other communication data and the resources, advertisements and linked sites that you access.
- Information provided to us by other companies who have obtained your permission to share information about you
Information we request, and hold includes but is not limited to the following:
- Your name, age, date of birth, gender
- Billing and delivery postal addresses
- Phone and fax numbers
- Email addresses
- Usernames and passwords
- Payment card details
- Browsing and shopping activities
- Your customer queries
We, or third-party data processors who act on our behalf, may use the personal data you provide us in the following manner:
- To provide you with the requested goods and/or services including but not limited to processing and fulfilling your order and administering promotions such as competitions and prize draws.
- To monitor and improve the services and the website
- To manage your marketing preferences.
- To contact you if there is a query regarding your order.
- In the event that you purchase goods on the Hawk and Peddle website, you may be sent an email requesting whether you would like to review your product.
- To verify your identity.
- In certain circumstances in order to process your order and to verify your identity, we may call your provided telephone number you have provided to perform security checks and to request that you verify certain information.
- Market research purposes
- To enable us to comply with any legal or regulatory requirements;
- In the detection and prevention of fraud or other crimes.
- To assist with any of your customer queries
- For research, analysis, risk management, legal, accounting, administrative, testing, monitoring and for our business operations.
- To provide an e-Receipt for a store purchase.
Unless you have not consented to, we may use your personal data in the following manner:
- From time to time, to inform you by post, email, SMS or other available means, of products, services, promotions and special offers.
We may disclose personal data we collect to third parties in the following manner: All credit/debit card holders are subject to validation checks and authorisation by the card issuer and we may share your personal information with such third parties as are necessary to enable us to do such checks. The third parties, which may include credit reference agencies, may keep a record of the information provided.
- To administer your account and to disclose your details to our third-party service providers for the purpose of processing and fulfilment of your order.
- We may pass your personal data to other companies to support our business operations, and or audit purposes.
- We may disclose your personal data where it is necessary to comply with any applicable law or an order of a governmental or law enforcement body.
- We may pass on non-personal aggregated information about sales and website usage to reputable organisations for research or analysis purposes only.
- We may disclose your personal information to any member of the Hawk and Peddle Ltd team.
- We may pass your information to third parties in order to fulfil and/or despatch your orders.
- The third-party provider may send marketing material within the parcel or by post after fulfilment of your order.
Transferring data internationally
By using and/or shopping on the website you consent to the transfer of your personal data to third party data processors located in countries outside of the European Economic Area (‘EEA’).
Payment Card details
We process your payment card details in order to complete your purchase that you made through the website & mobile applications, and may in certain instances disclose your personal data to third party credit reference agencies to perform credit checks against you.
We have partnered with various trusted third-party companies to provide goods and services to you. Such goods and services can be accessed through links on the website to the third-party company’s microsite. A microsite is a website which is owned and operated by a third-party company but is Hawk and Peddle branded. Please note that these microsites may be governed by their own terms and conditions and privacy policies.
You may opt out from any email marketing by using the unsubscribe links at the bottom of the marketing emails.
You may opt out from any SMS marketing by using the suppression codes located on the marketing text messages.
Phishing is a method used by fraudsters to deceive someone into giving sensitive information. Most of the time phishing will take the form of emails, which purport to be from well-known companies and ask recipients to send their private information. This information is then used for identity theft and fraud.
Hawk and Peddle will only ask you to send personal details by email if it is responding to a query you have sent it online and these details are needed to answer your query properly. In this case, there will be a unique reference number in Hawk and Peddles’ email to you, which refers to your original query. Hawk and Peddle will never ask you to send any personal details by email unless you have contacted us first. If you have not contacted Hawk and Peddle, please ignore any email claiming to be from us which asks for personal details and let us know about it.
If Hawk and Peddle ever requires your personal information other than when you have already contacted us with a query, for security reasons we will ask you to give us a call.
Email & Messaging Marketing Policy
You may opt out from any email marketing by using the unsubscribe links at the bottom of the marketing emails.
You may opt out from any SMS marketing by using the suppression codes located on the marketing text messages.
Hawk and Peddle take your online security very seriously. Full details of how we protect the information you provide us are given below:
- When you place your order, you are offered the use of an advanced secure server. The secure server software encrypts all information you input before it is sent to us.
- As an additional security measure, credit card numbers are encrypted both before an order is processed and when stored on our database.
- For security reasons, we strongly recommend that you do not send credit card numbers by standard email.
What is a cookie?
Cookies are small files which are stored on a user’s computer. They, and similar technologies enable you to be remembered when using that computer or device to interact with websites and online services and can be used to manage a range of features and content as well as storing searches and presenting personalised content.
They are necessary for the performance of a contract with you, or because using them is in our legitimate interests (where we have considered that these are not overridden by your rights), and, in some cases, where required by law, where you have consented to their use. If you have consented to use using cookies, then you can withdraw this consent at any time by disabling them as described below.
How long do they last?
A number of cookies and similar technologies we use last only for the duration of your web session and expire when you close your browser. Others are used to remember you when you return to Our Site and will last for longer.
What type of cookies do we use?
We use the following types of cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website and under our terms with you. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
- Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us for our legitimate interests of improving the way our website works, for example, by ensuring that users are finding what they are looking for easily.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us, subject to your choices and preferences, to personalise our content, greet you by name and remember your preferences (for example, your choice of language or region).
Most web browsers automatically accept cookies and similar technologies, but if you prefer, you can change your browser to prevent that and your help screen or manual will tell you how to do this.
The effect of disabling cookies depends on which cookies you disable but, in general, the website may not operate properly if all cookies are switched off. If you only disable third party cookies, you will not be prevented from making purchases on Our Site.
If you want to disable cookies on our site, you need to change your website browser settings to reject cookies. How you can do this will depend on the browser you use.
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 09 May 2019.
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.
- 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.
- Your Obligations
3.1 Payment obligations:
An invoice for the Subscription Access Fee will be issued 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 invoicing You annually until this Agreement is terminated in accordance with clause 8.
All Hawk and Peddle invoices will be sent to You, or to a Billing contact whose details are provided by You, by email. You must pay or arrange payment of all amounts specified in any invoice by the due date for payment and are payable within 10 days of the invoice date. You are responsible for payment of all taxes and duties in addition to the Access Fee.
Hawk and Peddle will charge You 9% sales 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.
3.3 Payments & Withdrawal.
You can request withdrawal of available funds at any time throughout the week with a deadline for submissions on Thursday 21:00 and will be processed on Friday of that week. Requests received after the deadline will be processed on the following Friday. For request to withdraw funds outside the weekly schedule an administration charge of £15 will be applied, plus the cost of Banking charges. Hawk and Peddle does not accept responsibility for late payments outside our control. We reserve the right to specify a minimum withdrawal amount set at £10.
3.4 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.
3.5 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.
3.6 Accurate Data:
You must provide & maintain accurate and up-to-date information when creating an account & using the Hawk & Peddle Service. It is Your responsibility to ensure that Your data, payment terms and all information input into the application is accurate & lawful. Hawk and Peddle will not accept any liability for loss or delay in payments as a result of inaccurate information provided.
4 Access conditions:
4.1 You must ensure that all user-names and passwords required to access the Service are kept secure and confidential. You must immediately notify Hawk and Peddle of any unauthorised use of Your passwords or any other breach of security and Hawk and Peddle will reset Your password and You must take all other actions that Hawk and Peddle reasonably deems necessary to maintain or enhance the security of Hawk and Peddle’s computing systems and networks and Your access to the Services.
4.2. As a condition of these Terms, when accessing and using the Services, You must:
4.2.1. not attempt to undermine the security or integrity of Hawk and Peddle’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
4.2.3. not use, or misuse, the Services in any way which may impair the functionality of the Services or Website, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Website;
4.2.4. not attempt to gain unauthorised access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
4.2.5 not transmit, or input into the Website, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
4.2.6. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
- 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.
- 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.
- Confidentiality and Privacy
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
8.1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
8.1.1. Each party’s obligations under this clause will survive termination of these Terms.
8.1.2. The provisions of clauses 4.1. and 4.2 shall not apply to any information which:
8.1.3. is or becomes public knowledge other than by a breach of this clause;
8.1.4 is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
8.2. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or 188.8.131.52. is independently developed without access to the Confidential Information.
- 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).
9.2. Ownership of Data:
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 license 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.
9.3. Backup of Data:
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.
9.4. Third-party applications and your Data.
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.
- Warranties and Acknowledgements
You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
You acknowledge that:
A-You are authorised to use the Services and the Website and to access the information and Data that You input into the Website, including any information or Data input into the Website by any person you have authorised to use the Service. You are also authorised to access the processed information and Data that is made available to You through Your use of the Website and the Services (whether that information and Data is Your own or that of anyone else).
B-Hawk and Peddle has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website on behalf of or for the benefit of anyone other than yourself (whether a body corporate or otherwise) you agree that:
C-You are responsible for ensuring that You have the right to do so;
D-You are responsible for authorising any person who is given access to information or Data, and you agree that Hawk and Peddle has no obligation to provide any person access to such information or Data without Your authorisation and may refer any requests for information to You to address; and
You will indemnify Hawk and Peddle against any claims or loss relating to:
i. Hawk and Peddle’s refusal to provide any person access to Your information or Data in accordance with these Terms,
ii. Hawk and Peddle’s making available information or Data to any person with Your authorisation.
iii. The provision of, access to, and use of, the Services is on an “as is ” basis and at Your own risk.
Hawk and Peddle does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Hawk and Peddle is not in any way responsible for any such interference or prevention of Your access or use of the Services.
It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
You remain solely responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that storage of and access to your Data via the Software and the Website will comply with laws applicable to you (including any laws requiring you to retain records).
10.3. No warranties:
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.
10.4. Consumer guarantees:
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.
- Limitation of Liability
11.1. 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.
11.2. 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.
11.3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 12.
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, You may delete Your organisation in the ‘My Hawk and Peddle’ section of the Services.
Hawk and Peddle will provide a refund for any remaining prepaid period pro-rata for a prepaid Access Fee subscription. Hawk and Peddle will deduct an administration fee of £30 to cancel Your subscription prior to any refund.
12.3 No-fault termination:
These Terms will continue for the period covered by the Access Fee paid or payable under clause,/p>
12.3.1. 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.
A- breach any of these Terms (including, without limitation, by non-payment of any Access Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
B- breach any of these Terms and the breach is not capable of being remedied or any payment of Access Fees that are more than 30 days overdue); or
C- You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction,
Hawk and Peddle may take any or all of the following actions, at its sole discretion:
D- Terminate this Agreement and Your use of the Services and the Website;
E- Suspend for any definite or indefinite period of time, Your use of the Services and the Website;
F- Suspend or terminate access to all or any Data.
G- Take either of the actions in sub-clauses (d), (e) and (f) of this clause & (4) in respect of any or all other persons whom You have authorised to have access to Your information or Data.
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.
H- Accrued Rights:
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:
I- remain liable for any accrued charges and amounts which become due for payment before or after termination; and
J- immediately cease to use the Services and the Website.
- Expiry or termination:
Clauses 3.1, 4, 5, 6, 7, 8, 9 and 10 survive the expiry or termination of these Terms.
14.1. Technical Problems:
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 firstname.lastname@example.org.
14.2. Service availability:
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 endeavors to publish in advance details of such activity on the Website.
15.1. Entire agreement:
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.
15.4. No Assignment:
You may not assign or transfer any rights to any other person without Hawk and Peddle’s prior written consent.
15.5. Governing law and jurisdiction:
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 email@example.com 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.
15.8. Rights of Third Parties:
A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.