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1. IDENTITY DETAILS

Owner: PLAY HAWKERS, S.L.

Registered address: Calle Santiago Ramón y Cajal 37, 03320 Elche (Spain)

TAX ID: B-54754718

Email: campus@hawkersco.com

2. OBJECT

This document sets out the term and conditions (hereinafter, the “T&Cs”) governing the development of activities and events of the Hawkers Campus community (hereinafter, “Hawkers Campus”) fostered by PLAY HAWKERS, S.L. (henceforth, “Hawkers”), and all the aspects relating to such community. The members of Hawkers Campus shall be considered ambassadors (hereinafter, called “REP” in singular, and “REPS” in plural) of the Hawkers brand, based on the provisions laid down under these T&Cs.

Any user can choose to be part of the Hawkers Campus community. However, Hawkers shall provide a series of requirements to establish, at its discretion, which people are granted the status of REP. In any case, users shall be of legal age (≥ eighteen (18) years) and be related to the university environment in some way.

The conditions to be REP are provided both in these T&Cs and on the website https://www.hawkersco.com/pages/campus-reps (hereinafter, the “Website”). Hawkers reserves the right to amend the conditions to be a REP from time to time, and users must check them to find out about any changes.

3. PRIOR INFORMATION

These T&Cs are made available to any users of the Website, freely and unrestrictedly.

All aspects relating to Hawkers Campus and the REPS are perfectly described on the Website and in these T&Cs, and any matters that not been expressly provided herein shall be excluded.

The relationship between Hawkers and the user, concerning Hawkers Campus as provided in these T&Cs, shall be understood as having taken place from the same time at which the user completes the registration process. It is understood that following the registration steps, and entering the data requested, and accepting the very registration process is a direct statement of the will of the user to agree to these T&Cs.

The language in which the registration shall be processed, save as otherwise agreed, shall be Spanish.

4. HOW REPS AT HAWKERS CAMPUS WORK

Hawkers Campus is a community of users with a special relationship with the Hawkers brand and all its products, sharing a passion for fashion and its lifestyle.

REPS are people who, due to their special importance and repercussion, have a strong influence on the university social environment. This influence is directly related to the content published on their social media (especially Instagram) and/or the communication media that are within their reach, fostering mass support for the posts published by their followers. Among the most important features to be a REP, we find an interest in Hawkers and being up-to-date with all its latest news, conveying all the above in a singular and original way.

4.1. REGISTRATION PROCESS

Any users wishing to be a REP need to complete the registration process provided for these purposes on the Website, providing all the data required for these purposes: (i) name; (ii) surname; (iii) email; (iv) username without “@”; (v) followers, (at least 1,000); and (vi) university.

Following the registration, Hawkers shall contact the individual to inform them if they can be one of the REPS forming part of the Hawkers Campus community, and the next steps to complete the entire procedure and be appointed a REP shall be provided.

4.2. CANCELLING THE REGISTRATION AS A REP

REPS can cancel their registration whenever they want to, by expressly informing campus@hawkersco.com, stating their name and surnames, username, and their category, and stating “REP Cancellation” in the email subject line. Once the corresponding verification has been carried out, the user shall be sent a confirmation on their cancellation as a REP.

When the cancellation becomes effective, any advantages, codes, discounts, and any other element provided due to their relationship with Hawkers Campus, shall no longer be available.

In any case, users may request a new registration, and Hawkers reserves the right to refuse the above, should it be against the provisions set forth under these T&Cs and/or in the Privacy Policy of the Website, or under any additional conduct rules that Hawkers may establish. Likewise, Hawkers may refuse such registration if there is a conflict or controversy to be resolved or that had finalised with the recognition of fault of or negligence by the user and/or damages to Hawkers, its collaborators and associates, or its users, clients, or potential clients.

5. DEVELOPMENT OF THE ACTIVITIES

5.1. SOCIAL MEDIA ACTIVITIES

The REPS should be active on social media and show the influence of Hawkers on their daily activities. For a REP to be considered active on social media, s/he must have made at least four (4) publications on Instagram, using original content that they have created.

Additionally, any REP may gain personal discount codes (hereinafter, the “Codes”) to be used by all their followers, any person of their environment, or even by the REP him/herself, getting large benefits and discounts depending on the amount of people using the Code.

“Use of the Code” shall be understood as every order made, using a single Code, irrespective of the number of products bought in such order.

In this connection, Uses of the Codes shall not include the acquisition of partial and/or individual amounts of products, when Hawkers believed that this was intended to increase the number of Codes used, to gain more and better prizes. Hawkers may base this decision on the type of products purchased, the place of the receipt, the Code used, the person carrying out the purchase or any other elements to identify this conduct, which is contrary to these T&Cs.

Additionally, Hawkers reserves the right to establish the amount/percentage of the Code, as well as its effectiveness and/or the products it can be used for, when such code is provided to the REP.

The inclusion of codes in coupon books is totally prohibited. Should Hawkers find a Code in a Coupon Book, it may order the total or partial cancellation of the codes.

The promotion of Codes in publications of Hawkers is totally prohibited.

5.2. RESTRICTIONS AND RESPONSIBILITIES OF THE REPS

The REPS, according to these T&Cs, must comply with the restrictions and responsibilities arising out of the Hawkers Campus programme.

The REPS cannot promote their Codes on official social media profiles and/or communication media belonging to Hawkers, or to any other entities of the Hawkers Group. Furthermore, they cannot promote codes on the forums or the profiles of the public personalities collaborating with Hawkers.

REPS cannot carry out any draws, competitions or similar promotional activities using social or communication media, without gaining Hawkers’ prior express agreement in writing. Should the REP be authorised to carry out such activities, s/he must inform Hawkers of all details of the action they wish to carry out, including the legal rules, the dates, the winners, and any other data of interest for Hawkers.

In carrying out the activities pertaining to Hawkers Campus, the REPS must, at least, abide by the following rules:

  • (i)They must use the hashtagsprovided by Hawkers;
  • (ii)In publications on Hawkers Campus, they shall tag the profiles of @hawkerscampus and @hawkersco, and use the hashtag #hawkerscampus;
  • (iii)They must promote the discount code;
  • (iv)They must not fail to publish content for more than two (2) months;
  • (v)They must have a public social media profile;
  • (vi)They should not tag other brands with commercial activities like those of Hawkers Group;
  • (vii)They must not collaborate with other brands with commercial activities resembling those of Hawkers Group;
  • (viii)They cannot publish content using sunglasses other than those of Hawkers Group, unless such sunglasses are not tagged in the publications;
  • (ix)They cannot carry out draws with the material provided by Hawkers without prior, express, and written authorisation; and
  • (x)They cannot sell giveaways or materials provided without commercial purposes.

The REPS shall be exclusively responsible for the content, publication and/or use of the elements connected to Hawkers Campus and, particularly, concerning Hawkers or any company of its group, with illegitimate and/or illicit aims. By way of example, the above includes but is not limited to the following:

  • (i)Publishing, creating or sharing content that is illicit or that sought illicit purposes;
  • (ii)Publishing, creating or sharing content against the interests of Hawkers; and
  • (iii)Publishing, creating or sharing content that damages, harms or causes similar consequences to the Hawkers Campus community, or to any third parties;
  • (iv)Carrying out actions illegally or which led to a consequence contrary to the law; and
  • (v)Breaching the provisions laid down under these T&Cs.

In the case where any of the scenarios detailed above took place, Hawkers reserves the right to adopt the measures it deems appropriate. Likewise, Hawkers shall not be held liable for consequences arising out of the publications made, created, or shared by the REP.

6. ADVANTAGES AND BENEFITS FOR REPS

6.1. EARNING PRIZES AND REWARDS

When using the Codes, the REPS have the choice to earn prizes and advantages relating to products and events of Hawkers. Using more Codes means greater chances of winning and a better choice of prizes for the REP. The REPS shall be informed in advance on the prizes they can get for their activities on social and communication media.

Hawkers reserves the right to amend the prizes from time to time, and this means that the REPS wishing to find accurate and updated information should check these T&Cs. The amendment of the prizes to be provided to the REPS shall not, under any circumstances, be applicable retroactively.

The prizes may not be exchanged for their value in money. Meanwhile, the prizes granted to REPS not relating to travel, collaborations and/or similar initiatives shall not include per diem or travel unless otherwise provided by Hawkers.

6.2. TAX LIABILITIES

The REPS undertake to comply with the tax liabilities of the rewards earned through Hawkers Campus. In this connection, the REPS declare that they are solely liable for their compensation and exempt Hawkers from any tax liabilities, arising out of the rewards and/or the prizes they may be granted for their activities as REPS.

Hawkers undertakes to carry out quarterly Income Tax payments for the total transactions taking place in agreement with current regulations in force. In this connection, the REPS shall provide Hawkers the information needed for the compliance with this goal, including: (i) name; (ii) surnames; (iii) ID/FOREIGNER ID; (iv) address; (v) and date and place of birth; (vi) country of the tax address. All these data shall be used solely and exclusively to comply with tax liabilities.

7. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

Based on these T&Cs, Hawkers grants the user a limited licence, which is revocable, non-transferrable, not sub-licensable and non-exclusive, for the use of any company names, logotypes, names of products and services, trademarks, or other similar elements, all the above property of the Hawkers Group, when such actions were directly related to activities of Hawkers Campus. Any use of these elements other than those described shall not be protected by the licence granted by Hawkers.

Any rights not expressly granted shall be reserved for Hawkers.

In any event, the intellectual and industrial property rights of Hawkers shall remain in possession of such party.

The REPS undertake to assign all intellectual, industrial, image and any other rights on the content published on their social and any communication media used for similar purposes, which is directly or indirectly related to Hawkers Campus and its activities as a REP. The assignment of rights shall have a territorially universal and non-exclusive nature, with the entitlement of assignment to third parties, with powers to exploit the content using all currently-known media, and for the maximum possible term provided by the law, in connection with the content set forth in the foregoing. Therefore, the assignment is extensive to the rights of reproduction, distribution, public communication (including making content available) and transformation.

All the above, notwithstanding any private agreements on the assignment of image rights that may be signed by Hawkers with the REP, which shall prevail over these T&Cs in respect of any differing points.

In any event, the termination of these T&Cs due to their breach or to the cancellation of the status of REP by users, shall not lead to the termination of the agreement on the assignment of image rights, and shall further not involve the revocation of the assignment of intellectual, industrial or any other rights of a similar nature, of the content published by the REP relating directly or indirectly to Hawkers Campus up until the time of the termination of the T&Cs.

8. ELECTRONIC PROCUREMENT

In agreement with the provisions laid down under Article 23 of Law 34/2002, of 11 July, on information society services and electronic commerce, agreements entered into electronically shall have all of the effects set out under legal regulations, when there is consent and the remaining requirements needed for the validity of the above are met.

In any case, the electronic medium holding these T&Cs agreed electronically shall be admissible as documentary proof should a controversy between the parties arise.

For these purposes, following all steps required for effective user registration, shall necessarily involve providing the consent required.

Likewise, and in agreement with the provisions laid down under Article 27 of Law 34/2002, of information society services and electronic commerce, prior to their registration, users are provided all information concerning the agreement to become part of Hawkers Campus, which shall solely be applicable where the user agreed to register.

9. ASSISTANCE SUPPORT FOR REPS

Hawkers, as the manager of Hawkers Campus, and the party in charge of the marketing and sale of the products offered through the REPS, has made an assistance service available to them.

The following email address is provided for REPS to contact assistance support: campus@kawkersco.com.

We shall reply to all queries received at the shortest possible notice.

10. RESPONSIBILITIES

The parties undertake to fulfil their legal and contract responsibilities arising out of these T&Cs.

The parties shall be responsible for any damages and/or breaches that they had incurred personally, and the counterparty shall be held harmless in respect of any error, fault, or negligence not attributable to it, and in respect of any damages arising out of such actions of the other party bound by these T&Cs.

11. CONFIDENTIALITY AND DATA PROTECTION

In agreement with the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data, any personal data supplied during the use of the Platform shall be treated confidentially, in agreement with the provisions laid down under the Privacy Policy [https://www.hawkersco.com/pages/privacy], which needs to be accepted by any users wishing to use and register on the system.

12. TERM OF VALIDITY AND AMENDMENTS

Hawkers may terminate the agreement based on these T&Cs, when it detected a real or alleged non-authorised use, due to the breach of these T&Cs or for any other objective causes. Should Hawkers exercise these powers, it shall not undertake any obligation or responsibility.

Meanwhile, the user may terminate these T&Cs at any time, by cancelling their registration. However, the obligations that may continue in force following the time of the termination shall continue to be binding for both parties as specified.

In any case, Hawkers recommends the regular review of these T&Cs, as they may experience amendments. Should any such amendments take place, prior information shall be provided for the acceptance or rejection of the above. It shall be regarded that these amendments or updates are expressly agreed to when the activities related to Hawkers Campus continued. Where an amendment is agreed to, the amendment and entry into force of the new contract shall fully replace the conditions in force between the parties and shall be effective for new purchases or reservations completed as of the acceptance of the new conditions.

13. SEVERABILITY CLAUSE

All clauses or parts of these T&Cs must be interpreted independently and autonomously, and shall not be affected by the remaining clauses in the case where one of them had been voided by a court judgement or a final arbitration award. The clause(s) concerned shall be replaced by another/other clause(s) preserving the effects sought by these T&Cs.

14. RESOLUTION OF CONTROVERSIES

Legislation in force shall establish the governing law and the jurisdiction responsible for hearing the relations between Hawkers and the users. However, in the cases where these rules in force provided a choice of jurisdiction by the parties, Hawkers and the user, expressly waiving any other jurisdiction to which they may be entitled, submit to Spanish law, and to the Courts and Tribunals of the city of Elche.

Last updated on: 1 May 2017.

© Play Hawkers, S.L.