AGREED TERMS

1. About us

1.1 Company details. Tramp Music Limited (company number 10850367) trading as The Tramp ("we", "us" and "The Tramp") is a company registered in England and Wales and our registered office is at 53 Dene Bank, Bolton BL2 3EA. We provide an online platform and various tools and functions which enable artists and/or musicians to list live music entertainment services and venues to book such live music entertainment services (together the “Platform”). The Platform is provided through www.thetramp.co.uk and also via mobile applications (for mobile phone, tablet and other devices or interfaces) (collectively, the "Site"). Payments conducted through the Site are handled by third party payment providers.

1.2 Contacting us. To contact us, email our customer service team by e-mail: admin@thetramp.co.uk. How to give us formal notice of any matter under these Terms and Conditions is set out in clause 28.

2. Our contract with you

2.1 These terms and conditions (the “Terms and Conditions”), together with the Privacy Policy, govern the relationship between The Tramp and independently each of:

2.2 These Terms and Conditions apply to:

2.3 These Terms and Conditions apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.4 These Terms and Conditions constitute a legally binding agreement between The Tramp and each User. By using or accessing the Site or Tramp’s platforms or systems, each User acknowledges that it agrees to and is subject to these Terms and Conditions as well as our Privacy Policy.

2.5 A Venue’s booking through or use of the Site and an Artist's provision of services in respect of a booking through the Site and use of the Site is governed by these Terms and Conditions. If there are any conflicts between the Terms and Conditions on the date a booking request was made by a Venue and the Terms and Conditions on the date a booking request is finalised, the Terms and Conditions on the date the booking is finalised will govern and prevail. If you do not fully agree to these Terms and Conditions, you are not authorised to access or otherwise use the Site.

2.6 The Tramp does not authorise anyone to register with the Site unless they are able to enter into legally binding contracts.

2.7 The Tramp may revise these Terms and Conditions from time to time for reasons such as a change in business operations or policies, new or amended or discontinued products or features, or a change in applicable laws. You will be provided with reasonable notice in advance of any changes to any of the Terms and Conditions or our decision to terminate these Terms and Conditions.  We shall notify you of such changes or termination through updates on our website or by email. You should visit this page periodically to view the most current Terms and Conditions because they are binding on you.

3. Live Music Listings

3.1 The Site is a place where Venues can view listings of, and obtain information about, live music entertainment services offered for hire (“Live Music Services”) by others, including musicians, (each, an “Artist”). We may also offer other tools or functionality to allow Users to communicate with each other and to enter into live music entertainment agreements or other transactions with each other.

3.2 The Site acts only as a place for Users to interact with each other.  Notwithstanding any other provision of these Terms and Conditions, The Tramp is not, and does not become, a party to any contractual relationship between the Venue and the Artist, and is not obliged to mediate between the Venue and the Artist in the event of any dispute arising between them. You acknowledge and agree that the Venue and the Artist will be responsible for performing the obligations of any such agreements; that The Tramp is not a party to such agreements, and that The Tramp has no liability arising from or related to any such agreements (to the extent permitted by law).  This is true even if the Site facilitates the booking of Live Music Services or the use of other tools, services or products, as The Tramp is not a party to any hire or other agreement between Venues and Artists.

3.3 Each User is responsible for, and agrees to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into either on the Site or in connection with their use of the Site. Artists are responsible for and agree to abide by all laws, rules and regulations applicable to the listing and hire of their Live Music Services and the conduct of their live music entertainment services business. Please be aware that, even though The Tramp are not a party to any live music entertainment services transaction and assume no liability for legal or regulatory compliance pertaining to any Live Music Services listed on the Site (to the extent permitted by law), there may be circumstances where The Tramp are nevertheless obliged (as we may determine in our sole discretion) to provide information relating to any listing in order to comply with governmental or regulatory body  investigations, litigation or administrative proceedings, and The Tramp may choose to comply with or disregard such obligation in our sole discretion.

3.4 The Site is made up of Live Music Services listings provided by Artists and content from other third parties. Such content is the responsibility of the Artist or third party creator of the content. The Tramp have no responsibility for such content as The Tramp are merely providing access to the content as a facilitator to you and providing you with the facility to communicate directly and make and receive booking requests and bookings for Live Music Services. All bookings made by a Venue are made directly with the Artist and any contract will be between the Venue and the Artist. Any such contract will govern the Venue's right to hire the Live Music Service and the Artist's obligation to provide the Live Music Service for the Venue or otherwise. The Tramp is not a party to any such contract and The Tramp has no liability to you in connection with the Artist's provision of the Live Music Services. We do not endorse, support, represent or guarantee the truthfulness, accuracy or reliability of any information in the Live Music Services listings on the Site or any opinions/content posted by third parties.

4. Live Music Services Listings and Interaction with Users

4.1 Please note that Artists are entirely responsible for all of the information, including images, videos, text and other content, relating to the Live Music Services they offer (the “Listings”).

4.2 If a Venue finds a Live Music Service of interest, a booking request can be sent to the Artist (a “Request”) which shall be approved or declined by the Artists within 5 days of the Request (the "Decision Period").

4.3 The Venue will receive a confirmation from The Tramp once a Request has been sent to the Artist.

4.4 During the Decision Period, the Artist may approve or decline the Request and the Venue will receive email notification accordingly.

4.5 The Artist may communicate with the Venue directly in connection with the Request and Venues and Artists may also communicate with each other via the Site (and via other tools on the Tramp platform).

4.6 Any communication between Venues and Artists using the Tramp Platform must not include email addresses or phone numbers. Please be aware that any communication on the Site (or through the Tramp Platform) will be available to view by The Tramp's employees and representatives.   Please also be aware, in accordance with our security and account requirements, we may remove or redact information from any such communications (for example, email addresses, phone numbers or other content we deem to be inappropriate or non-compliant with applicable laws and regulations).

4.7 The Tramp may, from time to time, use third party e-mail servers to send and track receipt of the Request emails, and analyse the pattern of Request usage reported by these third party tracking systems. Our system does not hold messages indefinitely and they may not be accessible after the message has been delivered to you.

PLEASE PRINT A COPY OF ANY MESSAGE WHICH IS IMPORTANT TO YOU – FOR EXAMPLE A BOOKING CONFIRMATION.

4.8 The Tramp has no responsibility for, or involvement in, the communications between Artists and Venues.

5. Payment from the Venue – Booking Deposit

5.1 In order to generate a Request, a Venue must authorise the payment, by debit or credit card, of a deposit in the amount of 10% of the total hire price as stated on the Artist's listing page (the "Deposit") as part of the booking process on the Site.

5.2 If an Artist accepts a Request within the Decision Period, the Deposit will automatically be taken from the Venue's nominated payment card.

5.3 If (i) a Request is declined by the Artist, (ii) no response to the Request is received by the Venue within the Decision Period, the Deposit will not be taken and the authorisation on the Venue's nominated payment card will be cancelled.

5.4 A Request shall be automatically cancelled in the event the payment of the Deposit fails to be fully processed and paid in accordance with these Terms and Conditions.

5.5 The online payment by the Venue of the Deposit, will be made through the payments gateway offered by our third party payment provider. The online payment service is subject to the terms and conditions of the third party payment provider and the Venue agrees and acknowledges that Tramp has no control over, or any responsibility for, this service.

6. Fee from Artists

6.1 The Tramp charges a Platform fee payable by Artists who receive and accept a Request from a Venue for Live Music Services on the Site (the "Artist Fee"). The Artist Fee covers the use of the Site and is calculated as a percentage of the total hire price of the Request. Depending on the laws of the jurisdiction where the Artist resides, the Artist Fee may be subject to (or may include) VAT, or any other equivalent indirect taxes that are applicable.

6.2 For the purposes of clause 6.1 above, the Artist Fee payable by the Artist to The Tramp shall be an amount equal to 10% of the total hire amount payable by the Venue to the Artist. 6.3 The Artist agrees that The Tramp may, in respect of each Request, set-off the amount owed by the Artist to The Tramp, by way of the Artist Fee, against the amount of the Deposit received by The Tramp from the Venue in respect of such Request.

6.4 Users agree not to encourage or advise other Users to avoid or circumvent any fees charged by The Tramp, and each User agrees not to avoid or circumvent any such fees.

7. Placing an order and its acceptance

7.1 Making a Request. Venues should follow the onscreen prompts to make a Request. Venues may only make a Request using the method set out on the Site. Each Request is an offer by a Venue to purchase Live Music Services specified in the Request subject to these Terms and Conditions.

7.2 Correcting input errors. The Request process allows Venues to check and amend any errors before submitting Requests. Venues should check the Request carefully before submitting it. Venues are responsible for ensuring that Requests and any specification submitted by Venues, are complete and accurate.

7.3 Acknowledging receipt of your Request. After a Venue has placed a Request, the Venue will receive an email from us acknowledging that we have received it; but please note that this does not mean that the Request has been accepted. Acceptance of any Requests will take place as described in clause 7.4.

7.4 Accepting your Request. Acceptance of a Venue's Request takes place when the Artist accepts the Request through our Site within the Decision Period and The Tramp sends an email to the Venue that the Request has been accepted ("Request Confirmation").

7.5 If (i) a Request is declined by the Artist or (ii) no response to the Request is received by the Venue within the Decision Period, the Request shall be cancelled.

8. Cancelling a Request

8.1 A Venue may cancel a Request by following the process on the Venue's Account on the Site to confirm the cancellation (a "Venue Cancellation").

8.2 If a Venue Cancellation in respect of a Request is submitted by a Venue through the Site with 14 or more days before the date on which the Live Music Services are to be performed in respect of that Request, (i) the Venue shall be under no obligation to pay the Charges in accordance with clause 19 and (ii) The Tramp will refund the Deposit paid by the Venue in respect of that Request.

8.3 If a Venue Cancellation in respect of a Request is submitted by a Venue through the Site with less than 14 days before the date on which the Live Music Services are to be performed in respect of that Request, (i) the Venue shall remain bound by these Terms and Conditions to pay the Charges in accordance with clause 19 and (ii) The Tramp will not be obliged to refund the Deposit paid by the Venue in respect of that Request.

Please note that in light of the Covid-19 pandemic, if any of the following specific events occurs after submitting a Request that are unforeseen at the time of the Request and prevent or legally prohibit completion of the Live Music Services at the Venue, the Venue can cancel a Request at any time prior to the date on which the Live Music Services are to be performed in respect of that Request, and the Venue shall be entitled to a full refund of the Deposit paid:

Government-declared local or national emergencies, epidemics, pandemics, and public health emergencies;

or

8.4 An Artist may cancel a Request by following the process on the Artist's Account on the Site to confirm the cancellation (an "Artist Cancellation").

8.5 If an Artist Cancellation in respect of a Request is submitted by an Artist through the Site, (i) the Venue shall be under no obligation to pay the Charges in accordance with clause 19 and (ii) The Tramp will refund the Deposit paid by the Venue in respect of that Request.

9. Ranking and Appearance in Search Results

The Tramp cannot guarantee that any Listing will appear in any specific order in search results on the Site. Search order will fluctuate automatically depending on filters used by Venues and Venue preferences.   The Tramp reserves the right to apply automatically various search algorithms or to use methods to optimise ranking results for particular Venues’ experiences and the overall marketplace. Listings distributed on third party sites are not guaranteed to display on such third party sites in any particular order or at all. Search results and order may appear different on The Tramp’s mobile application than they appear on its website. To optimise the search experience for both Artists and Venues, The Tramp retains the right to run occasional tests that will be limited in duration but may alter how we display Listings and search results.

10. Registration and establishing an Account

10.1 Should Venues or Artists wish to use the Site, including (without limitation) making or accepting a Request, they must register with the Site. The Tramp does not authorise anyone to register with the Site unless they are able to enter into legally binding contracts.  As a result of successfully completing the registration process, the Venue or Artist (as the case may be) obtains a user account for the Site (an “Account”).

10.2 To obtain an Account, the User must follow all of the instructions given by The Tramp during the registration process. A Venue can sign up for an Account using a personal email address.

10.3 The User's Account includes information which may be made publicly available to other users of the Site. An Account includes, amongst other things:
  10.4 The Tramp requires all Venues to verify their location in their dashboard. This may include leveraging information from Google Maps to appropriately place the Venue's location on a map and in regional searches. The Venue accepts that Google Maps is provided under Google’s terms and conditions and The Tramp will not be responsible for the functioning, accuracy or otherwise of Google Maps.  The Venue acknowledges and accepts that Google Maps’ service is not error free and the Venue will ensure that the correct location to host a Live Music Entertainment Service is shown by Google Maps when using this service.

10.5 Users can deactivate their Account at any time. You understand and accept that even if you deactivate your Account, data could be retained by The Tramp under the terms of the Site’s  Privacy Policy, or Cookie Notice.  You understand and consent to the use of your data as outlined in the Privacy Policy and Cookie Notice.  You also understand and accept that data relating to your transactions with The Tramp could have been transmitted to and remain on other sites, for example Google if Google search engine technology has copied content from The Tramp’s sites or systems.

10.6 The Tramp also uses Google Analytics to gather statistics on Site usage.  There are more details regarding this in the Privacy Policy and Cookie Notice and in Google’s own privacy policy.  Google may aggregate data they collect from their various services including Google Analytics, Google Translate, Google Maps and other Google services including YouTube.  You understand and accept that The Tramp has no control over Google’s data collection.

11. Users’ Accounts, Communications and Reviews

11.1 Users must provide only accurate and truthful information, in their Accounts pages, and any other communications on the Site, concerning their identity (including country of residence in respect of Venues) and reviews of Live Music Services.

11.2 Messages sent via The Tramp’s systems should only relate to genuine Requests. We do not tolerate spam or unsolicited commercial electronic communications of any kind.  It is prohibited to misuse The Tramp’s systems, such as by sending unsolicited commercial communications (spam) or disclosing personal information of Users to a third party, unless you have the express permission from the User. You agree that you will protect other Users’ personal information with the same degree of care that you protect your own confidential information (using as a minimum a reasonable standard of care), and you assume all liability for the misuse, loss, or unauthorised transfer of such information.

11.3 Venues who have booked through the Site may post their reviews of Artists’ Live Music Services (“Venue Reviews”) on the Site. Artists are given the opportunity to view the Venue Reviews, and to respond to them (an “Artist Response”).  Artists will also be given the opportunity to rate the Venue (“Artist Review(s)”). Venue Reviews and Artist Reviews cannot be used to exclude or discriminate against individuals. The Tramp expressly disclaims any liability (to the extent permitted by law) for any Venue Review or Artist Review.

11.4 Please note that The Tramp does not verify the accuracy or otherwise of Venue Reviews, Artist Responses or Artist Reviews.

11.5 The Tramp nevertheless requires all Venue Reviews, Artist Responses, Artist Reviews and other communications using The Tramp’s systems and the Site to be truthful, accurate and appropriate (and by way of example, but not limitation, therefore, must not contain anything that is illegal, obscene, profane, abusive, threatening, invasive of privacy or otherwise, objectionable) and may decline to post any of them that The Tramp finds do not comply. The Tramp will not edit or otherwise modify reviews on a Venue or Artist’s behalf. A Venue or Artist may contact admin@thetramp.co.uk to remove their published review.

11.6 The Tramp does not generally conduct identity checks. If Venues suspect that the Artist has supplied false information, they are invited to notify The Tramp via admin@thetramp.co.uk.

11.7 The Tramp complies with its Privacy Policy. Further details can be obtained from the Privacy Policy. Each Venue consents to the use of its data as outlined in the Privacy Policy. Venues should note that Artists have generally authorised The Tramp to forward the Artist’s contact details, including telephone number, to Venues in connection with a Live Music Service booking. Venues may ask for these details to be supplied on production of proof of the booking; alternatively, these details may be made available to Venue through their Accounts.

11.8 We may offer email newsletters from time to time intended to enhance the Site. Users may either opt-in to receiving newsletters when sending enquiries or opt-out of receiving newsletters when booking on the Site, and may cancel their subscription to these email newsletters at any time by emailing admin@thetramp.co.uk, although it may take a short while for the changes in preferences to become effective.

12. Descriptions and illustrations

Any descriptions or illustrations on the Site are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Terms and Conditions or have any contractual force.

13. Rights and obligations of The Tramp

13.1 The Tramp will endeavour to reproduce accurately on the Site any photographs supplied by an Artist. However, each Venue acknowledges that deviations from original photos can occur due to individual screen settings and that The Tramp shall have no responsibility or liability for any such deviation.

13.2 Further, Venues acknowledge that Artists and not The Tramp are responsible for the accuracy with which the photos and descriptions depict the relevant Live Music Service.

13.3 The Tramp may occasionally undertake upgrades and maintenance of the Site, its platforms and systems. These works may result in restrictions on the usage. The Tramp will, where possible, aim to ensure that works that cause any such restriction are undertaken at a time when most User’s usage is least affected.

13.4 User verification on the internet is difficult and we cannot, and do not, assume any responsibility for the confirmation of any User's purported identity. We encourage Venues and Artists to communicate directly with each other through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage Venues to take other reasonable measures to check the Artists' identity, the nature/quality of the Live Music Service and the relevant details of their booking or proposed booking. You agree to (i) keep your password and online ID for both your Account and your email account secure and strictly confidential, providing it only to authorised users of your Account, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorised person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your Account or your email account may have become known to an unauthorised person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorised access to your Account, upon our request, you agree to promptly change your ID and password and take any other related action we may reasonably request. We discourage you from giving anyone access to your online ID and password for your Account and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your Account and/or your email account, (even those transactions that are fraudulent or that you did not intend or want performed) and The Tramp will have no liability to you in any such event.

13.5 You acknowledge that The Tramp is not responsible for checking the identity, or for the behaviour, of Artists or for establishing the nature, condition or existence of a Live Music Service.

13.6 The Tramp reserves the right to transfer these  Terms and Conditions, and to assign or subcontract any or all of its rights and obligations under these  Terms and Conditions, to a third party or to any other entity within The Tramp’s group, but will not do so in such a way as to reduce any guarantees you are given under these  Terms and Conditions.

14. Indemnification

All Users agree to defend, indemnify and hold harmless The Tramp and its equity holders, officers, directors, employees and agents against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought or occasioned by third parties alleging, arising out of, or in connection with: (a) any material or content you provide to the Site; (b) your use of any content on the Site; (c) any breach by you of these Terms and Conditions; and (d) the hire of a Live Music Service. The Tramp will provide notice to you promptly of any such claims.

15. Your obligations

15.1 It is your responsibility to ensure that:
 

16. Prohibitions

16.1 Users shall not directly or indirectly:
 

17. Right to delete content

Users are responsible for ensuring that their communications, and content posted, through or in connection with the Site, including communications with other Users, does not infringe the law, the rights of any person or entity, or contain false information, personal insults, anything libellous, slanderous or defamatory, anything that infringes copyright or data protection law.   The Tramp may review any data on the Site or The Tramp’s platform or systems and delete it or alter it when it is no longer accurate or up-to-date.  Without prejudice to any other available remedies, The Tramp shall be entitled immediately to remove from the Site any communications or content that infringes these requirements, and to suspend or prevent the usage of any related Account.

18. UK only

18.1 Live Music Services Requested via the Site shall only take place in the UK.

18.2 You may make a Request for Live Music Services from an address outside the UK, but this Request must be for performance of the Live Music Services to an address in the UK.

19. Charges

19.1 In consideration of the Artist accepting a Request and/or providing the Live Music Services the Venue must pay the charges (Charges) in accordance with this clause 19.

19.2 In respect of each Request, the Users acknowledge and agree that the Venue shall discharge such obligation to pay the Charges by:

19.3 The Charges are the total hire prices stated on the relevant Artist's/Artists' Listing page on our Site at the time the Request is submitted.

19.4 We take all reasonable care to ensure that the prices stated for the Live Music Services are correct at the time when the relevant information was entered into the system. However, please see clause 19.6 for what happens if we discover an error in the price of the Live Music Services Requested.

19.5 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Live Music Services you must pay such additional amounts in respect of VAT, at the applicable rate, at the same time and in the same manner as you pay the Charges.

19.6 It is always possible that, despite our reasonable efforts, some of the Live Music Services on our Site may be incorrectly priced. Where the correct price for the Services is less than the price stated on our site, the lower amount will be charged and if the correct price for the Live Music Services is higher than the price stated on our Site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing with your Request at the correct price or cancelling your Request. If we are unable to contact you using the contact details you provided during the Request process, we will treat the Request as cancelled and notify you in writing. However, if we mistakenly accept and process your Request where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel your Request and refund you any Deposit paid.

20. How to pay the Balance

20.1 In consideration for the Live Music Services being performed in accordance with the relevant Request, the Venue shall pay the Balance to the Artist immediately following completion of the Live Music Services, or as otherwise agreed between the Venue and the Artist.

20.2 The Balance may be paid in cash or as otherwise agreed between the Venue and the Artist.

21. Complaints

If a problem arises or you are dissatisfied with the Live Music Services, please contact us at admin@thetramp.co.uk.

22. Intellectual property rights

22.1 All content that appears on the Site is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited. All intellectual property rights in or arising out of or in connection with the Site (other than intellectual property rights in any materials provided by a User) will be owned by The Tramp.

22.2 Users are permitted to download, display or print individual pages of the Site to evidence any agreement with The Tramp and to retain a copy of their bookings. The relevant file or the relevant printout must clearly bear the text “© Copyright [Present Year] Tramp Music Limited - All Rights Reserved”.

22.3 Where a User submits to, or transmits through, the Site (or The Tramp’s Platform or systems) any content of any type, including text or images, the User undertakes that he/she has the legal rights to do so.

22.4 To the extent that Users' reviews or other content may contain trade marks or other proprietary names or marks, Users undertake that they have the right to use such names or marks.

22.5 By submitting any form of content to the Site (including but not limited to all text, descriptions, reviews, photographs, music and videos), the User grants The Tramp a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable (through multiple tiers) right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform any such content throughout the world in any media, now known or hereafter devised for any purpose.

23. How we may use your personal information

We will use any personal information you provide to us to in accordance with our Privacy Policy.

24. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

24.1 Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including liability for:

24.2 Subject to clause 24.1, in no event will The Tramp or any of its subsidiaries, affiliates, officers, directors, consultants, agents and/or employees or any third party provider of a tool offered on any site of a member of The Tramp be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Terms and Conditions for:
24.3 Subject to clause 24.1, in respect of each Request our total liability to you arising under or in connection with these Terms and Conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to 200% of the total Charges paid per such Request.

24.4 Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire two months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.

24.5 The Site is merely a platform allowing Venues to view Live Music Services listed on the Site, communicate with Artists in respect of any queries or questions, and to make bookings for the hire of Live Music Services. We accept no liability in relation to any contract entered into between a Venue and an Artist or for any Live Music Service booked by a Venue, nor do we accept liability for the acts or omissions of any Artists or other person(s) or party(ies) connected with the Live Music Service.

24.6 This clause 24 will survive termination of these Terms and Conditions.

25. Confidentiality

25.1 Each party to these Terms and Conditions undertakes to not, at any time, disclose to any person any confidential information concerning another party's business, affairs, customers, clients or suppliers, except:

25.2 Each party to these Terms and Conditions may only use another party's confidential information for the purpose of fulfilling its obligations under these Terms and Conditions.

26. Termination

26.1 Without limiting any of our other rights, we may suspend or terminate these Terms and Conditions with immediate effect by giving written notice to you if:

26.2 Termination of these Terms and Conditions will not affect rights and remedies that have accrued as at termination.

26.3 Any provision of these Terms and Conditions that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

27. Events outside our control

27.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by any act or event beyond our reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials. ("Event Outside Our Control"").

27.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms and Conditions:

28. Communications between us

28.1 When we refer to "in writing" in these Terms and Conditions, this includes email.

28.2 Any notice or other communication given under or in connection with these Terms and Conditions must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

28.3 A notice or other communication is deemed to have been received:

28.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

28.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.

29. General

29.1 Assignment and transfer.

29.2 Variation. Any variation of these Terms and Conditions only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

29.3 Waiver. If we do not insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.

29.4 Severance. Each sentence of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining sentences will remain in full force and effect.

29.5 Third party rights. These Terms and Conditions are between you and us. No other person has any rights to enforce any of its terms.

29.6 Entire agreement. These Terms and Conditions, the Privacy Policy and the Cookie Notice contain the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in these Terms and Conditions, the Privacy Policy or the Cookie Notice.

29.7 Language. These Terms and Conditions are made only in the English language.

29.8 The headings to the Clauses are for ease of reference only and do not affect the interpretation or construction of these  Terms and Conditions.

29.9 Your copy. You should print a copy of these Terms and Conditions or save them to your computer for future reference.

29.10 Governing law and jurisdiction. These Terms and Conditions are governed by English law and each party to these Terms and Conditions each irrevocably agrees to submit all disputes arising out of or in connection with the same to the exclusive jurisdiction of the English courts.

Last Updated: 16 April 2021

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