TERMS AND CONDITIONS

  1.   Introduction

These Terms & Conditions (“Terms”), together with all other policies referred to herein, set out the Terms under which users may use this website <keepo.org> (“The Platform”) and under which the Artists may sell, and Members may buy memberships and tickets (the “Items”) on The Platform

By using The Platform, you are deemed to have read, understood, and agreed to the Terms. If you do not agree to comply with and be bound by these Terms, you must stop using the Platform immediately and you will not be able to interact with or buy or sell anything through the Platform. The Terms apply to all users who access or use The Platform, regardless of whether they are registered users or not. These Terms, as well as all contracts and policies are in the English language only.

  1.   Definitions and Interpretation

In these Terms, unless the context otherwise requires, the following expressions have the following meanings

Account: refers to an account or profile required to access and/or use certain areas of The Platform.

User: means a user of The Platform, including an Artist and/or Member.

Artist: refers to a user who lists items on The Platform.

Member: refers to a user who pays an annual fee for membership and buys tickets to access Artist Content listed on The Platform.

Membership: refers to an Account granted to a Member following payment of an annual membership fee.

User Content: means any content added to The Platform by an Artist or Member.

Artist Content: means any content added to The Platform by an Artist including but not limited to music, video, imagery, and any items listed for sale.

You/Your: means an Artist or Member, as the context requires.

We/Us/Our/The: means INSERT COMPANY NAME, REGISTERED BUSINESS NO. & REGISTERED ADDRESS HERE

Item: means any item listed on The Platform, or tickets, or memberships, as the context requires.

Listing: means a listing on The Platform advertising an item or items available for sale on The Platform.

The Platform: refers to this Platform and the services offered from Us.

  1.   Use of the Platform

When you sign up to The Platform as an Artist or Member, you must provide accurate information, in good faith, and you agree to keep that information updated as it changes.

There is no age restriction imposed to sign up for Membership, or to otherwise use The Platform. Where applicable, you must be old enough to consent to the processing of your personal data in your country (in some countries we may allow your parent or guardian to do so on your behalf).

We require that you choose a strong password for your Account, and it is your responsibility to keep your password safe. All Users are responsible for maintaining the confidentiality of their account information and should notify us of any authorised access immediately.

We retain ownership of The Platform and its content, including all intellectual property rights. When you sign up to The Platform, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service, or access to the service or any content on The Platform through which the service is provided, without express written permission from us.

  1.   User Accounts

An Artist is someone who creates a page on The Platform to engage with Members who purchase Memberships and tickets to engage with offerings listed on The Platform. Artist Accounts are available by invitation only. Artists can apply for an invitation by email.

 

Artists can access tools to showcase Artist Content, engage with the community, and provide exclusive offers to Members.  The Platform offers Artists the ability to give Members something exciting, including additional access, unique and custom items and products, and engaging community experiences. In turn, Artists receive loyal support from Members, and revenue from ticket sales that Members have purchased on The Platform.

Do you charge artists to list on the Platform?

Artists must warrant to us that the Artist owns any items or products and has the legal right to sell the Artist Content listed on their page. The Artist must provide accurate, truthful, and complete product information and that the item does not violate any law, statute or regulation and is not defamatory, libellous, unlawfully threatening or harassing. Items available must be in clean and hygienic condition.

To become a Member, simply pay a membership fee to access The Platform and buy tickets in exchange for Member Content. Subject to these Terms and full payment of all applicable charges, you receive a non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access, view, hear and purchase Artist Content for your own private, personal, non-promotional, non-commercial use.

The price of Membership is £XYZ. Membership must be paid in full / can be paid per month. Membership fees are non-refundable. In the event a Membership is cancelled prior to the annual subscription end date, the remainder of the annual fee will not be refunded. Memberships are renewed automatically annually unless we are otherwise notified in writing prior to the renewal date. The renewal date occurs on the same date the Membership was first activated and cannot be transferred or altered.

Payment is accepted by credit or debit card, Apple Pay, Google Pay, and PayPal.

If you pay in a currency that is different from the currency associated with your payment instrument, then the financial institution associated with that payment instrument may charge you a foreign transaction fee for that payment. We are not applying this fee and have no control over it, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee. Even if you pay in the same currency as the currency associated with your payment instrument, when your payment is processed in a country different from the one associated with your payment instrument, then the financial institution associated with that payment instrument may charge you a foreign transaction fee for that payment. We are not applying this fee, have no knowledge of whether the fee is applied, and do not receive any of the funds from that fee, but our choices about payment processing may impact or otherwise give rise to this fee.

 

If you are in a jurisdiction in which The Platform is required to charge and collect tax, for example VAT or sales tax, then this tax is added to the total charge. Except in limited circumstances, this tax is shown to you when making a purchase. We remit all tax collected to the applicable taxing authority. As tax is largely dependent on your location, you agree to keep your location complete and up to date to enable accurate collection of taxes. To satisfy our tax obligations, we collect tax identification information and, in certain circumstances, report this information and earnings to tax authorities as legally required. Amounts payable under this agreement between a User and The Platform may include VAT or sales tax where applicable.

We do not warrant that the quality of any products, services, information, or other material, purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected. We have made every effort to display as accurately as possible the colours and images of any products that appear on The Platform.  We cannot guarantee that your computer monitor’s display of any colour will be accurate.

Certain products or services may be available exclusively online through The Platform. These products or services may have limited quantities and are not subject to return, exchange, or refund. All sales on The Platform are final and our policy is not to provide refunds, including if you lose access to offerings and/or Membership benefits.

The price of one ticket is £3.00. All ticket sales are non-refundable. There is no limit on the number of tickets Members can buy for Member Content. There is no limit to the number of Artists that Members can access on The Platform.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on The Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of The Platform, use of The Platform, or access to The Platform or any contact on The Platform through which the service is provided, without express written permission by us.

We reserve the right to refuse any sale. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include purchases placed by or under the same Membership, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change or to cancel a purchase, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the purchase was made. We reserve the right to limit or prohibit purchases that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

Any tickets purchased by a Member for an offering by an Artist are only valid should the minimum number of ticket sales for that listing be reached in the nominated time period. In the event the sales minimum is not reached within the timeframe identified on the listing, the value of the tickets will be refunded into the Member account and can either be stored in balance or transferred via the regular processes.

If you wish to suspend or delete your Account, you may do so at any time by sending an email to INSERT EMAIL ADDRESS HERE, specifying the email address used when the Account was created. If you delete your Account, we will remove your information from our system and will remove your User Content from The Platform (but may use anonymised data for our own marketing purposes). If you suspend your Account, nothing will be deleted but you will cease to be visible to other Users on The Platform. Deleting your Account will also remove access to any areas of The Platform requiring an Account for access.

TO ADD:

** Outline the process for listing/selling products on the platform including any requirements or restrictions

Include information on shipping options

  1. Privacy & Data Protection

All personal information provided in your Account will be collected, processed, and held in accordance with your rights and our obligations under the law.

For complete details on our collection, processing, storage, and retention of personal data including but not limited to, the purpose(s) for which personal data is used, the legal basis for using it, details of your rights and how to exercise them, and persona data sharing (where applicable), please refer to our Privacy Policy (hyperlink to Privacy policy).

  1. Limitation of Liability

We are not liable for any direct, indirect, incidental, or inconsequential damages arising from use of The Platform. To the fullest extent permissible we will not otherwise be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

We will use all reasonable skill and care to ensure that The Platform is free from viruses and other malware , however 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 The platform or any other site referred to on The Platform.

We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of The Platform 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.

We will not be liable for any failure or delay in performing our obligations to you where that failure or delay results for any cause that is beyond our reasonable control. Such causes include but are not limited to power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, government action, pandemic, epidemic or other natural disaster, or any other event that is beyond our reasonable control. If any such event occurs, we will inform you as soon as reasonably possible, our obligations under these Terms will be suspended and any time limits that we may be bound by will be extended accordingly, we will inform you when the event outside our control is over and provide details of any new dates, times or availability of services as necessary.

  1. Indemnity

You will indemnify us from all losses and liabilities, including legal fees that arise from these Terms or relate to your use of The Platform. We reserve the right to exclusive control over the defence of a claim covered by this clause. If we use this right, then you will help us in our defence. Your obligation to indemnify under this clause also applies to our other subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.

  1. Warranty Disclaimer

The Platform is provided “as is” and without any warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty, whether express or implied, is excluded and disclaimed to the greater extent permitted by law. The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party serviced providers.

Nothing on The Platform constitutes advice on which you should rely. Information and other materials on The Platform are provided for general information purposes only. We make no representations, warranty, or guarantee that The Platform will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all hardware and software, or that it will be secure.

  1. Dispute Resolution & Governing Law

We encourage you to contact us if you have an issue. In most situations, we will work with Artists and Members to resolve any potential policy violations and allow the Artist or Member to continue using The Platform. We will terminate an Artist or Member account when we believe it is necessary to protect Artists, Members, us, or the broader community, and it is not an action we take lightly.

In the event a dispute arises because of these Terms or in relation to your use of The Platform, then the dispute will be governed by the law of the United Kingdom. British law governs these Terms and all other policies, and any dispute that arises between you and us. Users waive their right to participate in class-action lawsuits or collective actions against us.

If you are a business, any disputes concerning these Terms, 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 United Kingdom law.

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or rules posted by us on The Platform or in respect to the service constitutes the entire agreement and understanding between you and us and governs your use of the service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including but not limited to, any prior version of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

  1. Amendments & Termination

The Terms may be updated or modified at any time. If we make changes to the Terms that at our sole discretion are deemed to be material, then we will communicate this to you prior to the change coming into effect. Continuing to use The Platform after a change takes effect indicates acceptance of the updated Terms.

In the event of a conflict between the current version of these Terms and any previous version(s), the current version shall prevail unless it is specifically stated otherwise.

We reserve the right to refuse service to anyone for any reason at any time and maintain the right(s) to suspend and/or terminate User Accounts for any violations of the Terms.

You are responsible for all activity on The Platform, including any actions undertaken by anyone who is signed in as you on The Platform. If you violate our Terms or policies, then we may terminate your account. Illegal, unauthorised, or harmful activities such as unauthorised access, hacking, spamming, or posting harmful, abusive, or offensive content are prohibited.

If any of the provisions of these Terms are found to be unlawful, invalid, or otherwise unenforceable, those provision(s) shall be modified to make it enforceable. If a provision cannot be modified to make it enforceable then it is deemed severed from the remainder of the Terms and the remainder of these Terms shall be valid and enforceable. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

  1. Miscellaneous

We may transfer (assign) our obligations and rights under these Terms 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 will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them.

You may not transfer your obligations and rights under these Terms without our express written permission.

We are not responsible if information made available on The Platform is not accurate, complete, or current. The material on The Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.