This page (together with the documents expressly referred to on it tells you information about us and the legal terms and conditions (Terms) on which we supply any services (Services) listed on our website (our site) to you.

These Terms will apply to any contract between us for the supply of Services to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site. Please note that by ordering any of our Services, you agree to be bound by these Terms and the other documents expressly referred to in it.

We leverage the social networking presences of performers by capturing and recommending the ideal locations for them to organise live events.

By attracting their favourite artists to perform geographically close to where they are, fans using our site go beyond the normal “likes” and “follows” and actually enable crowd-sourced events. Fans can now “Make it Happen”.

Our Services include provision of a platform where promoters, producers and the creators of shows and projects (Promoters) run campaigns to fund shows and projects by offering rewards/tickets to raise money from fans (Fans).

By setting up a fundraising campaign (Campaign) on our site you are making an offer to enter into a contract with a Fan. A Fan can then accept the offer by agreeing to provide future purchasing commitment and at that point a binding agreement is formed. We are not a party to such agreements between Promoters and Fans.

Please click on the button marked "I Accept" at the end of these Terms if you accept them. If you refuse to accept these Terms, you will not be able to order any Services from our site.

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

We amend these Terms from time to time as set out in clause 8. Every time you wish to use the Services, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

 

  1. Information about us

    1. We operate the website. www.openstageit.com. We are OPENSTAGE LIMITED, a company registered in England and Wales under company number 08322164 and with our registered office at 1st Floor 80 Haymarket London SW1Y 4TE. Our main trading address is 1st floor New Zealand House, 80 Haymarket, London, SW1Y 4TE, UK. Our VAT number is 183 7208 95.

    2. To contact us, please see our Contact Us page.

  2. Our Services

    1. The images on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect such colours.

    2. All Services on our site are subject to availability. We will inform you by e-mail as soon as possible if a Service you have ordered is not available and we will not process your order if made.

  3. Use of our site

    Your use of our site is governed by our Terms of website use and Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

  4. How we use your personal information

    1. We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

    2. Please note that for all Campaigns we will provide user identification details of each Fan to the relevant Promoter together with details of the pledge amount, and if a Campaign is successful in achieving its funding goal then we shall also provide each Fan’s name, email address, and postal address if needed for a delivery.

  5. If you are a consumer

    This clause 5 only applies if you are a consumer.

    1. If you are a consumer, you may only purchase Services from our site if you are at least 18 years old.

    2. As a consumer, you have legal rights in relation to Services that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

  6. If you are a business customer

    This clause 6 only applies if you are a business.

    1. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Services.

    2. These Terms and any document expressly referred to in them constitutes the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

  7. How the contract is formed between you and us

    1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

    2. After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.

    3. We will confirm our acceptance to you by sending you an e-mail (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.

    4. If we are unable to supply you with a Service we will inform you of this by e-mail and we will not process your order. If you have already paid for the Service, we will refund you the full amount as soon as possible.

  8. Our right to vary these terms

    1. We may revise these Terms from time to time in the following circumstances:

      1. changes in how we accept payment from you;

      2. changes in relevant laws and regulatory requirements; and

      3. changes in the industry or in our business.

    2. Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.

    3. Whenever we revise these Terms in accordance with this clause 8, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

  9. Your consumer right of refund

    This clause 9 only applies if you are a consumer.

    1. If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want a Service, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens' Advice Bureau or Trading Standards office.

    2. Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract is formed. If the Service has already been supplied to you, you have a period of 7 (seven) working days in which you may cancel. Working days means that Saturdays, Sundays or public holidays are not included in this period.

    3. To cancel a Contract, please contact us in writing to tell us by sending an e-mail to support@openstageit.com You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail.

    4. You will receive a full refund of the fees you paid for the Services. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4.

    5. If you have cancelled a Service because you have not received the Service as described or there is a fault, you will be refunded the fee for the Service in full.

    6. You will be refunded on the credit card or debit card used by you to pay.

    7. As a consumer, you will always have legal rights in relation to Services that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 9 or these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

    8. We provide a managed returns process to simplify returns. With this process a Promoter can manage and track the return through an automated process on our site. If the Fan returns an item because it does not match the listing description, Promoters will be responsible for any return postage and shipping costs. This returns process may also be applied automatically.

  10. Fees for Services and Pledges

    1. The fee for a Service will be as quoted on our site from time to time. We take all reasonable care to ensure that the fees for Services are correct at the time when the relevant information was entered onto the system. However if we discover an error in the fee for a Service you ordered then we reserve the right to cancel the Service at our discretion.

    2. Fees for our Services may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.

    3. The fee for a Service includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.

    4. Funds pledged by Fans are collected by third party payment technology suppliers and we are not responsible for the performance of such suppliers.

    5. Fans may increase, decrease or cancel their pledge at any time during a Campaign, except they may not cancel or reduce their pledge if the Campaign is in its final 24 hours and the cancellation or reduction would drop the Campaign below its goal.

    6. We shall not be liable to any Promoters for any failure or delay of any Fans to make payment.

    7. We reserve the right to deduct our fees before arranging transmission of any pledged sums to Fans.

    8. Details of our fees can be found on the following link

    9. We reserve the right to cancel any pledges at any time for any reason.

  11. How to pay

    1. You can only pay for Services using a debit card or credit card. We accept the following cards: Visa, Master Card, Visa Electron, EDC Maestro

    2. Payment of fees for Services must made in advance.

    3. Fans must provide payment information at the time they pledge to a Campaign. The payment will then be collected at or after the Campaign deadline and only if the amount of money pledged as of the deadline is at least equal to the Campaign goal.

    4. Fans consent to us or any third party payment technology supplier reserving a charge on their debit card or credit card for any amount up to the full amount pledged at any time between the pledge and the collection of funds.

    5. Fans agree to have sufficient funds or credit available at the Campaign deadline to ensure that the full amount pledged will be available.

  12. Projects, Shows and Rewards

    1. The estimated delivery date listed against each reward is not a contractually binding obligation to provide the reward by that date, but an estimate of when the Promoter hopes to provide the award by and is subject to change at any time.

    2. The estimated show date listed against each reward is not a contractually binding obligation to stage a show by that date, but an estimate of when the Promoter hopes to stage the show by and is subject to change at any time.

    3. Promoters agree to act in good faith to provide each reward by its estimated delivery date.

    4. From time to time Promoters may require additional information from Fans in order to supply rewards, including without limitation the mailing addresses of the Fans, and in which event the Fans hereby agree to provide such information as soon as reasonably practicable after such request has been made. Failure to supply such information will result in forfeiture of the reward without refund of any pledge made.

    5. Promoters agree to supply rewards to the Fans in accordance with the terms of the Campaign to which they relate as soon as reasonably practicable following achievement of the Campaign goal.

    6. Promoters shall provide a refund of any pledges made if they fail to comply with their obligations to stage the show for which the pledge was made within 12 months of the Campaign deadline, or if the show is cancelled for any reason or if they fail to supply any rewards or tickets as agreed. In addition the Promoter shall refund all return postage and shipping costs.

    7. For the avoidance of doubt Promoters may cancel and refund a pledge made by any Fan at any time and for any reason and at which point such Promoter shall cease to be obligated to provide any applicable reward.

  13. Enticements/Placing a magnet

    1. We are not responsible for enticements that do not succeed in getting your performer to come to the place of your choice.

    2. We will only action enticements if the budget and requested numbers of tickets can both be met by the prices set by the Promoter.

    3. Fans will always be informed of an enticement that is turned into a pledge.

    4. Fans will always have a minimum of 10 days to review and change or remove a pledge.

    5. If an Fan does not review an enticement during the pledge window we are not responsible for the unwanted tickets and purchased materials.  

    6. We will communicate to Fans via email if their enticements are successful but we hold no responsibility for unwanted tickets once they are finalised.

    7. We are not responsible for ignored enticements if a show happens with a capacity that does not satisfy all people who are enticing that performer.

    8. We will give preference for enticements based on length of time that enticement has been in place.

  14. Our liability if you are a business

    This clause 14 only applies if you are a business customer.

    1. We only supply the Services for internal use by your business, and you agree not to use the Service for any re-sale purposes.

    2. We reserve the right to reject, cancel, interrupt, remove or suspend a Campaign at our discretion at any time and we shall not be liable for any costs, losses or expenses resulting from such action.

    3. Promoters should not take any action in reliance of their Campaign being on our site or in respect to any money pledged until such monies are available to them as cleared funds following successful achievement of the Campaign goal and the expiration of the Campaign deadline.

    4. Nothing in these Terms limit or exclude our liability for:

      1. death or personal injury caused by our negligence;

      2. fraud or fraudulent misrepresentation;

      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

      4. defective products under the Consumer Protection Act 1987.

    5. Subject to clause 14.4, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

      1. any loss of profits, sales, business, or revenue;

      2. loss or corruption of data, information or software;

      3. loss of business opportunity;

      4. loss of anticipated savings;

      5. loss of goodwill; or

      6. any indirect or consequential loss.

    6. Subject to clause 14.4 and clause 14.5, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the fees paid for the Service.

    7. Except as expressly stated in these Terms your use of the Service is solely at your own risk and we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular and without limitation, we will not be responsible for ensuring that:

      1. the Services are suitable for your purposes;

      2. the Services will be secure or available at any particular time or location;

      3. any defects or errors will be corrected; or

      4. any software or Material available at or through the Service is free of viruses or other harmful components.

    8. Openstageit Ltd makes no guarantees regarding the results, income, or revenues that may be generated from the usage of this service.

  15. Our liability if you are a consumer

    This clause 15 only applies if you are a consumer.

    1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

    2. We only supply the Services for domestic and private use. You agree not to use the Service for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    3. We will not be liable to any Fan for any losses, costs, claims or expenses incurred relating to any breach of an agreement entered into between any Promoter and any Fan including without limitation breaches relating to any rewards or the failure of a Promoter to supply such rewards.

    4. We are under no obligation to become involved in disputes between users of our site or between the users of our site and any third parties arising in connection with the use of the Services including without limitation goods and services, terms, conditions, warranties and representations associated with any Campaigns on our site.

    5. For the avoidance of doubt we do not oversee the performance or punctuality of projects or shows and we do not endorse any submissions or other material uploaded to our site by any users, Promoters, Fans or any third parties. To the fullest extent permitted by law you release us, our officers, employees, agents and successors in title from any losses, costs, claims or expenses arising out of any such matters or disputes.

    6. We do not in any way exclude or limit our liability for:

      1. death or personal injury caused by our negligence;

      2. fraud or fraudulent misrepresentation;

      3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

      4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

      5. defective products under the Consumer Protection Act 1987.

  16. Termination

    1. We may terminate your access to the Service at any time, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account.

    2. If you wish to terminate your account, you may do so by following the instructions on our site.

    3. Except as otherwise specified in these Terms any fees paid are non-refundable.

    4. All provisions of these Terms which expressly or by implication have effect after termination shall continue in full force and effect.

  17. Events outside our control

    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 17.2.

    2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

    3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

      1. we will contact you as soon as reasonably possible to notify you; and

      2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Services to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

  18. Communications between us

    1. When we refer, in these Terms, to "in writing", this will include e-mail.

    2. If you are a consumer:

      1. To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to support@openstageit.com You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you sent us the e-mail.

      2. If you wish to contact us in writing for any other reason, you can send this to us by e-mail or by pre-paid post to OPENSTAGE LIMITED at 80 Haymarket, London, SW1Y 4TE .

    3. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

    4. If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

  19. Other important terms

    1. We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

    2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

    3. This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

    4. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

    5. If we fail to insist that you perform any of your obligations under these Terms, 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 and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    6. If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the supply of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

    7. If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.