Terms and Conditions
1 WHO WE ARE
We are On Air B.V., located at the at Eemnesserweg 20, 3741 GA, Baarn in The Netherlands, and registered with the Dutch trade register (Kamer van Koophandel) as number 73550019 (we, our, us).
2 THESE TERMS
2.1 These terms and conditions (together with the documents referred to in them) (the Terms) govern your relationship with us when you access our show streaming platform located at https://onair.events (the Platform) and, if applicable, download and use our mobile app (the Mobile App) from a third party platform and/or use our smart TV app (the Smart TV App).
2.2 Terminology: In these Terms:
Where we want to refer to the Platform, the Mobile App, and the Smart TV App together, we will say the Services.
Where we want to refer to the Mobile App and the Smart TV App together, we will say the Apps.
Otherwise, we will refer to things individually using the defined terms set out above.
2.3 Please refer carefully to these Terms before you start to use any of the Services. We recommend that you print a copy of these Terms for future reference. By using any of the Services, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us.
3 OTHER APPLICABLE TERMS
3.2 You may also be subject to third party terms relating to the Apps – see the 'Mobile App' and 'Smart TV App' sections below for more information.
4 CHANGES TO THESE TERMS
4.1 At any time, we may amend these Terms to ensure that we remain compliant with relevant laws and regulations, to reflect changes in our business practices/processes, and/or to ensure that we are constantly improving your experience using the Services and/or reflecting changes to the Services.
4.2 Please check this page from time to time to take notice of any changes we have made. By continuing to use any of the Services after changes come into effect, you are accepting those changes and will be bound by them. If we make any material changes to these Terms, we will notify you reasonably in advance via an in-App/Platform notice or by other means (e.g., via email).
5 THE PLATFORM
5.1 We offer various functions via the Platform/Apps (together the Platform Functions), including those which allow you to:
Browse the range of live, semi-live and on-demand shows we offer for streaming via the Platform/Apps (the Shows) and view information about the Shows and the artists/performers;
Purchase pay-per-view tickets to Shows (each such Show being a Purchased Show);
View your Purchased Shows for the duration the Purchased Show is available, which is displayed on the relevant page/s of the Platform/Apps with each Show listing; and
Purchase merchandise products relating to Shows and their artists (Merchandise Products).
5.2 The list above is not an exhaustive list of the functions of the Platform/Apps and we may decide to offer additional Platform Functions, or cease to provide any Platform Functions, at any time.
6.1 You do not have to register to the Platform/Apps, but some of the Platform Functions are available only to users who register and set up an account.
6.2 To register, you will need to complete a simple registration process by providing certain information (including your name, date of birth, email address and if you choose to provide it (though you do not have to) your gender).
6.3 You will also need to choose a username and password for use in connection with your account.
6.4 You agree that you will provide truthful and accurate information when registering on the Platform/Apps. The decision to register a password is in our discretion and we may revoke your password at any time.
6.5 You are responsible for maintaining the confidentiality of your password and account information, and you are responsible for all activities that occur under your password or account and for any access to or use of the Services by you or any person or entity using your login details, whether or not such access or use has been authorised by you.
6.6 You must immediately notify us of any unauthorised use of your password or account or any other breach of security relating to the Services. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username and/or password contrary to these Terms.
6.7 You are responsible for ensuring that the information we hold about you is up to date. Please amend your details as appropriate from time to time or email email@example.com to notify us of any changes.
7 FEES AND PAYMENT
7.1 Most of the Platform Functions are provided free of charge. For example, we will not charge you to set up your account.
7.2 However, access to the Shows is provided on a pay-per-view basis, and prices will appear on the relevant page(s) of the Platform and the Apps. Payment must be made in advance, in full.
7.3 The prices of Merchandise Products are stated in your local applicable currency and include shipping costs, VAT, import duties and clearance charges unless stated otherwise. The amounts due for the Merchandise Products must be paid fully at the point of purchase.
7.4 We accept major cards for payment. By paying using your credit or debit card you confirm that the card is yours and that there are sufficient funds or credit available to cover the relevant fees.
8 DELIVERY OF MERCHANDISE PRODUCTS
8.1 The place of delivery of the Merchandise Products will be the address that you have made known to On Air during the ordering process.
8.2 The Merchandise Products will be delivered by a third party. Which party delivers the Merchandise Products depends on the Show to which they relate. The delivery time of the Merchandise Products depends on the third party delivering the Merchandise Products.
8.3 An indication of the delivery time is given during the ordering process. If the delivery is delayed, or if an order cannot be carried out, or can only be carried out partially, you will receive notification of this as soon as reasonably possible and in any event within 30 days of placing the order. If an order cannot be carried out, you will be refunded in full. If an order can only be carried out partially, you will be refunded on a pro rata basis.
9 SHOW POSTPONEMENT AND CANCELLATION
9.1 If a Purchased Show is postponed for whatever reason, we will notify you via email and you will be offered the option of either accessing the Purchased Show at the new date and time, or receiving a full refund of the price you have paid for the postponed Purchased Show.
9.2 Unless and until you let us know which option you prefer, then we will assume you want to access the Purchased Show at the new date and time.
9.3 If a Purchased Show is cancelled entirely for whatever reason, you will be notified via email and we will automatically refund you the full price you have paid for the cancelled Purchased Show.
9.4 Except for our obligations set out above, you acknowledge that we will not be liable to you in any way in respect of any postponed or cancelled Shows.
10 THE MOBILE APP
10.1 The Mobile App enables users to use the Platform Functions via their iOS and/or Android mobile devices. Please note that not all Platform Functions will be available via the Mobile App, but you will be able to stream your Purchased Events.
10.2 The Mobile App is available for download from various third party app stores, the current list of which at any given time will be made available on the relevant page(s) of the Platform.
10.3 In addition to these Terms, your use of the Mobile App will be subject to any terms and conditions of the relevant app store from which you download it. We have no knowledge of or control over these third party terms and you accept them at your own risk.
11 THE SMART TV APP
11.1 The Smart TV App enables users to use certain limited Platform Functions via their smart TVs. Please note that not all Platform Functions will be available via the Smart TV App, but you will be able to stream your Purchased Events.
11.2 The Smart TV App is available from various third party smart TV app stores, the current list of which at any given time will be made available on the relevant page(s) of the Platform.
11.3 In addition to these Terms, your use of the Smart TV App will be subject to any terms and conditions of the relevant smart TV app store from which you download it. We have no knowledge of or control over these third party terms and you accept them at your own risk.
12 APP LICENCE RESTRICTIONS
12.1 Except as expressly allowed in these Terms, you may not:
copy the Apps (except where such copying is enabled by the relevant App);
transfer the Apps to anyone else;
sub-license or otherwise make the Apps available in whole or in part (and whether in object or source code form) to any person;
make any alterations to, or modifications of, the Apps; or
disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the the Apps or attempt to do so,
(together the App Licence Restrictions).
13 ACCEPTABLE USE RESTRICTIONS
13.1 You may use the Services for lawful purposes only. In particular, but without limitation, you agree not to:
Use the Services in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
Use the Services, in any way that is defamatory, threatening, abusive, pornographic, or otherwise objectionable; or which advocates bigotry, hatred, or illegal discrimination;
Use, share, or otherwise exploit the Services for any commercial, business, or monetised purpose whatsoever unless expressly permitted under these Terms;
Reproduce, duplicate, copy, share, or re-sell any part of the Services in contravention of these Terms;
Use the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
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 Services; or
Access without authority, interfere with, damage or disrupt (a) any part of the Services; (b) any equipment or network on which the Services are stored; (c) any software used in the provision of the Services; or (d) any equipment, network or software owned or used by any third party,
(together the Acceptable Use Restrictions).
14 ENDING YOUR RIGHTS UNDER THESE TERMS
14.1 We may end your rights under these Terms immediately and without notice if:
You have breached any of the App Licence Restrictions or the Acceptable Use Restrictions;
We determine, acting reasonably, that your use of the Services is unsuitable in any way; or
you are otherwise in breach of these Terms.
14.2 If we end your rights under these Terms:
You must immediately stop all activities authorised by these Terms, including your access to the Services; and
You must immediately delete or remove the Apps from all devices then in your possession, custody or control and, if required, confirm to us that you have done so.
15 USER CONTENT
15.1 Anything and everything you upload to or share or communicate via the Services is referred to in these Terms as the User Content.
15.2 You are solely responsible for ensuring that you have all the necessary rights to all UserContent, including without limitation all rights required to enable access to the User Content by other users of the Services.
15.3 You hereby grant to us a royalty-free, worldwide, irrevocable licence in perpetuity to host and store the User Content via the Services and to make available the User Content to other users of the Services.
15.4 As between us and you, the User Content is and will remain owned and controlled solely by you and you acknowledge that you have sole responsibility for the User Content.
16 INTELLECTUAL PROPERTY RIGHTS
16.1 You acknowledge and agree that the Services, and all material published on, in, or via the Services other than the User Content (including but not limited to all text, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips, databases, data compilations, and data (together the On Air Content)) is owned and controlled by or licensed to us.
16.2 You have no rights in, or to, the On Air Content other than the right to access or use the On Air Content strictly in accordance with these Terms.
16.3 You may not copy, adapt, display, share, communicate to the public or otherwise use any On Air Content except as enabled and permitted by the Services and these Terms from time to time.
17 CANCELLATION BY YOU
17.1 Your statutory right to cancel: If you have paid to access a Purchased Show via the Service and/or ordered a Merchandise Product, you have a legal right - under and subject to the conditions and restrictions described below - to change your mind and cancel the contract you've entered into with us. This right lasts for 14 days from the day you make payment or, in the case of the purchase of Merchandise Products, from the day after you receive the Merchandise Products (the cooling-off period).
17.2 When you cannot cancel: For Purchased Shows: if you start to stream/access a Purchased Show within the cooling-off period (even if you do not access the whole Show) and you consented to the supply of the Purchased Show within the cooling-off period and acknowledged when checking out that you would lose your right to cancel if started to stream/access the Show within the cooling-off period, you will lose your right to cancel the contract.
17.3 Your obligations during the cooling-off period: For Merchandise: During the cooling-off period you will handle the Merchandise Products and the packaging with care. You will only unpack or use the Merchandise Products to the extent necessary to determine their nature, characteristics and operation. The basic principle here is that you may only handle and inspect the Merchandise Products as you would in a shop, and we are entitled to deduct from any refund an amount commensurate with any excessive handling or damage of/to the Merchandise Products.
17.4 How to tell us you want to cancel: You can inform us that you want to cancel by any clear means, including: By email. Email us at firstname.lastname@example.org. Please provide your name, address, details of the Show you want to cancel and, where available, your phone number and email address. By post. Print off the model cancellation form below and post it to us at our address. Or simply write to us, including details of details of the Show you want to cancel, when you paid for it, and your name and address.
17.5 Method of return: You will return the Merchandise Products with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by us or the supplier. You bear the risk and burden of proof of the correct and timely exercise of the right of withdrawal. You will be responsible for the costs of returning Merchandise.
17.6 Effect of cancellation: If you cancel as described above, we will refund the total price you paid for the cancelled Show or Merchandise Products via the method you used for payment. Your refund will be made to you within 14 days of your telling us you want to cancel. Refunds for returned Merchandise Products will be made including the shipping costs you paid, no later than 14 days after we receive the returned Merchandise Products or after you prove that you returned the Merchandise Products.
18 AVAILABILITY OF THE SERVICES
18.1 Subject to section 23.1 below, the Services are provided on an "as is" basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Services, or that the Services will be secure, uninterrupted or free of defects.
18.2 Your access to the Services may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. We will not be liable to you if for any reason the Services are unavailable at any time or for any period. In addition, we may use third parties to (help) conduct our Services. We are not liable for any Services operated by third parties.
19 WEBSITES WE LINK TO
19.1 The Services may offer links to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.
20 COMPUTER VIRUSES
20.1 We will use reasonable endeavours to ensure that no part of the Services will contain or spread any viruses or other malicious code. However, we recommend that you ensure that equipment used to access the Services run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Services and regularly check for the presence of viruses and other malicious code.
20.2 To the full extent permitted by law and subject always to section 23.4 below, we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Services.
21 NO RELIANCE ON INFORMATION
All information published on or via the Services is provided in good faith and for general information purpose only. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk.
22 SUPPORTED DEVICES, PLATFORMS AND BROWSERS
22.1 The Services are designed to function via certain supported devices, platforms and browsers (together the Supported Technology). At any time, the list of current Supported Technology can be found on this page of the Platform.
22.2 To get the best out of the Services, we also recommend minimum internet speeds, details of which can be found on this page of the Platform.
22.3 It is solely your responsibility to ensure that you access the Services via the Supported Technology and using the recommended internet speeds, and we will not be responsible for any issues – including (but without limitation) buffering and/or lower quality – arising from your failure to do so.
23 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
23.1 We do not exclude / limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, or for breach of your statutory rights as a consumer.
23.2 We provide the Services for domestic and private use only. You agree not to use Services for any commercial or business purposes and if you do, in breach of these Terms, we will not be liable to you for any resulting business losses.
23.3 We are not responsible for the acts or omissions of any third party, including any third party app store from whom you download or access the Apps or third parties that are hired by us to manage or store your personal data.
23.4 We will not be responsible for any failure, issue, or delay in providing the Services to the extent that such failure, issue or delay results from events beyond our reasonable control. Events beyond our reasonable control include any issues with Shows (whether technical, creative, or otherwise) which are not caused by us, and so-called ‘acts of God’ including but not limited to cyber-attack, fire, flood, storm, riot, earthquake, pandemic, epidemic, public utility failures, delays or disruptions of the internet or telecommunications networks, civil disturbance, war, nuclear accident, and terrorist activity.
23.5 If any aspect of the Services damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow download, installation, or usage instructions or to have in place the minimum system requirements and anti-virus software advised by us.
23.6 Subject to section 23.1 and except as set out in the paragraph above, you accept and agree we will not be liable for any harmful effect that accessing the Services may have on you, and you agree that you access the Services at your own risk.
24 COMMUNICATIONS BETWEEN US
24.1 If you wish to contact us for any reason, you can do so:
By e-mail at email@example.com.
By writing to On Air B.V., Eemnesserweg 20, 3741 GA, Baarn, The Netherlands.
25 COMPLAINTS PROCEDURE
25.1 We have adopted a complaints procedure and will deal with your complaint in accordance with this procedure. Complaints about the execution of the agreement must be submitted to us fully and clearly described within a reasonable time after you have discovered the defects.
25.2 Complaints submitted to On Air shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, we will send you within the period of 14 days a notice of receipt and an indication of when you can expect a more detailed answer. You must give us at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.
26 OTHER IMPORTANT TERMS
26.1 We may transfer our rights and obligations under these Terms to another organisation, whose terms and conditions are presented here but this will not affect your rights or our obligations under these Terms.
26.2 If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
26.3 Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
26.4 These Terms are governed by Dutch law and the courts of Amsterdam, the Netherlands will have exclusive jurisdiction, provided always that such choice of law and venue will not deprive you of any mandatory consumer protections you may have in your home country.
27 ANNEX I: MODEL WITHDRAWAL FORM
27.1 Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract) - To: [ trader's name] [ geographical address of the trader] [ fax number of trader, if available] [ email address or electronic address of trader] - I/We* hereby give notice that I/We* have decided to terminate our contract concerning the sale of the following products: [product designation]* the supply of the following digital content: [digital content designation]* the provision of the following service: [service designation]*, revoked/revoked* - Ordered on*/received on* [date of order for services or date of receipt for products]. - Name of consumer(s) - Address of consumer(s) - Signature of consumer(s)] (only if this form is notified on paper) * Delete where not applicable or fill in where appropriate.