TERMS OF USE
Part A – General
These
terms of use (the “Terms”) govern your use and access to our services, which
includes our website(s), our mobile application(s), our application programming
interfaces, notifications and all other information and content appearing
therein (collectively our “Platform”).
By
using and/or accessing our Platform, you agree to these Terms. Use of our
Platform constitutes acceptance of these Terms and forms a legally binding
contract between you and Festivo in relation to your access to and use of our
Platform. If you are using our Platform on behalf of an entity, you will be
deemed to have authority to act on behalf of that entity and are agreeing to
these Terms on behalf of that entity.
In
addition to these Terms, Customers please click for additional terms that apply
to your use of our Platform. Merchants please click for additional terms that apply
to your use of our Platform.
1.
Definitions and Interpretations
In these Terms, the
following definitions apply:
|
We
/ Festivo: |
Festivo Limited, a company incorporated in
Hong Kong with its registered office situated at Shop 11, G/F Shing To
Building, 32-36 Tai Po Road, Sham Shui Po, Kowloon and online at: www.festivo.online. |
|
You
/ User: |
Any party accessing or using our Platform
whether as a Merchant, Customer or casual browser. |
|
Merchant: |
The business entity and/or the individual,
whether fee paying or non-fee paying users of the Platform, to create its
online store for the purpose of offering products or services via our
Platform. |
|
Customers: |
The business entity(ies) and/or
individual(s), visiting the Merchant’s online store as registered or
unregistered members. |
2.
Your Representations
a. Our
Platform is not intended for and may not be used by minors. By using our
Platform, you represent that you are an adult and that you are able to legally
enter into contractual agreements.
b. If
you are using the Platform on behalf of an entity, by using the Platform you
represent that you have the necessary rights and authority to agree to these
Terms, including our Privacy Policy www.festivo.online/privacy and
other documents referred to herein on behalf of that entity.
3.
Our Platform
a. Our
Platform is merely a SaaS (Software-as-a-Service) solution tailored to enable
Merchants to build and operate their online stores to display their product
and/or service catalogue, to sell products/services, to facilitate payments by
Customers and communication between Merchants and their Customers via
proprietary third-party platforms not limited to WhatsApp and Facebook.
Merchant registers to use the free version of our Platform or subscribes to use
the advanced version on a subscription basis (“Subscription Plan”).
b. Stores
created by Merchants on the Festivo Platform are open for Customers to visit,
browse, purchase for products and services they want. Customers can register at
the Store as member of the Store to have personalised shopping experience or
they can shop as guest without registering as member.
4. Your Account
a. In
registering for an account on our Platform or subscribing to the Subscription
Plan as a Merchant or as a Customer for personalised shopping experience, you
will be required to provide certain information, including but not limited to
your username, password, full name of the individual or registered user or the
business, a suitable password, an email address and valid phone number
(“Account Information”). Merchants are not required to provide a username. They
are identifiable by their email, store name and/or store URL. You agree that
all Account Information provided shall be truthful, accurate and up-to-date.
You should choose a strong and secure password. You must keep your password
secure and confidential.
b. You
agree not to share your Account Information or give others access to your
account. If and when we detect that an account is shared by multiple Users, we
may treat this as a security breach and suspend, disable or terminate your
account without notice. We have the sole discretion to suspend, disable or
terminate any account at any time without liability, if in our reasonable
opinion, you are in breach of the Terms.
c. You
are responsible for all actions or activities that occurred through or under
your account, unless you report misuse on a timely basis. If you permit others
to use your account and/or Account Information, you are responsible for the
activities of such users that occur in connection with your account and/or
Account Information.
d. If
you ever forget your Account Information or believe or know that there has been
any (attempted) unauthorised use of your account and or Account Information,
you shall inform us immediately at cs@festivo.store.
e. All
accounts are non-transferable. If you are accessing or using an account on
behalf of another person or entity, you represent that you are authorised to
accept these Terms on that person’s or entity’s behalf and that the person or
entity agrees to be responsible to us if you or the other person or entity
violates these Terms.
f. Store
names and usernames must not be offensive or offend common decency, or intended
to deceive subscribers or convey the appearance of affiliation with Festivo. We
reserve the right, to:
1. amend
any store name or username without prior notice if we reasonably believes the
store name or username to be in contravention of the Terms; and/or
2. suspend
and/or disable your account until the name is changed.
5. Availability of our services
g. We
are constantly changing and improving our Platform and the products or services
we provide. We may from time to time change or discontinue any of the products
or services feature on our Platform, or add or remove functionalities or
features, and we may suspend or stop certain products, services,
functionalities or features altogether. We reserve the right to make the above
changes at any time without any notice.
h. We
may release products, services, functionalities or features of our Platform
that we are still testing and evaluating. We will label these as “beta”,
“preview”, “early access” or “trial” or any words or phrases with similar
meanings which indicate that the products, services, functionalities or
features are under development. By continuing to use our Platform, you
acknowledge that these beta services may not be as reliable as other products
or services we offer and may be subject to service disruption and you agree to
be bound by these Terms in relation to those beta features.
i. We
try our best to ensure that our Platform is always available, but we do not
guarantee or offer any warranties that the operation of or access to our
Platform will be uninterrupted or continuous. Our Platform may be interrupted
for maintenance, repairs, upgrades, network or equipment failures. Festivo is
not liable for any losses claimed due to interruption or disruption to the
Platform under any circumstances.
j. You
are responsible for configuring your information technology, computer
programmes and platform or system in order to access our Platform. Festivo does
not guarantee that the Platform will be free from bugs and/or viruses and will
not be responsible for any direct or indirect loss or damage that results from
bugs and/or viruses contacted via using our Platform.
6. Use of the platform
k. When
using or accessing the Platform, you agree to comply with these Terms and all
applicable laws and regulatory requirements, including those related to privacy
and protection of intellectual property.
l. The
Platform is currently made available to you free of charge but also for a
subscription fee for commercial use. Festivo reserves the right to amend or
withdraw the Platform and/or the fee structure for the Platform without notice
in accordance with these Terms at any time and for any reason, without
incurring liability.
m. In
exchange for the Customer or Merchant registering with the Platform or the
Merchant subscribing to the Subscription Plan, we grant Customers or Merchants
a personal, worldwide, royalty-free, non-assignable, non-transferrable,
non-sublicensable, non-exclusive and revocable licence to access and use our
Platform, including any software or application as part of the services we
offer. This licence is for the sole purpose of enabling you to use and enjoy
the benefit of our Platform as a Customer or Merchant subject to these Terms
and the additional terms set forth in Part B or Part C of these Terms for
Customer or Merchant respectively.
n. This
licence to use our Platform will terminate if you fail to comply with these
Terms or other additional terms.
o. You
agree not to misuse the Platform or help anyone else to do so. Without
reservation, you agree not to do any of the following in connection with our
Platform: use our Platform for unlawful or unauthorised purposes;
1. copy,
modify, distribute, sell, lease, loan or trade any access to the Platform or
any data or information on it;
2. re-sell
or attempt to benefit commercially from any data, content or information
available in or on the Platform;
3. probe,
scan, or test the vulnerability of any system or network;
4. breach
or otherwise circumvent any security or authentication measures or service use
limits;
5. access,
tamper with, or use non-public areas or parts of the Platform;
6. interfere
with or disrupt any user, host, or network, for example by sending a virus,
trojan, worm, logic bomb, or any other material that is malicious or
technologically harmful, overloading, flooding, spamming, or mail-bombing any
part of the Platform, or by scripting the creation of any content in such
manner as to interfere with or create an undue burden on the Platform;
7. reverse
engineer, decompile, disassemble, decipher or otherwise attempt to derive the
source code for the Platform or any related technology that is not open source;
8. access,
search, or create accounts for the Platform by any means (automated or
otherwise) other than our publicly supported interfaces (for example,
“scraping” or creating accounts in bulk) or attempt to do so;
9. send
unsolicited communications, promotions or advertisements, or spam;
10. forge
any TCP/IP packet header or any part of the header information in any email;
11. send
altered, deceptive, or false source-identifying information, including
“spoofing” or “phishing”;
12. conduct
surveys, contests, or pyramid schemes, or promote or advertise products or
services without appropriate authorisation;
13. abuse
referrals or promotions;
14. post,
publish, upload, display, distribute, or share materials that are unlawful,
inappropriate, profane, pornographic, obscene, indecent, libellous, defamatory,
abusive, or knowingly false, and/or that infringe intellectual property rights;
15. violate
the letter or spirit of our Terms;
16. violate
applicable laws or regulations in any way; and/or
17. violate
the privacy or infringe the rights of others.
7. Your rights
p. We
hereby grant you a worldwide, limited, non-exclusive, non-transferable,
non-licensable, non-sub licensable, royalty-free and revocable licence to use
our Platform for your personal or business use in accordance with these Terms.
q. You
may not assign your rights provided for under these Terms without our prior
written consent. We may assign the Terms and delegate certain responsibilities,
obligations, and duties under or in connection with the Terms in our sole
discretion.
r. We
reserve all rights, title and interest not expressly granted under the
above-mentioned license to the fullest extent possible under applicable laws.
s. You
retain your rights to any information or content you submit, post or display on
or through the Platform (“Your Content”). By submitting, posting or displaying
such content, you grant us a worldwide, non-exclusive, royalty-free licence
(with the right to sublicense) to use, process, copy, reproduce, adapt, modify,
publish, transmit, display and distribute such content in any and all media or
through any distribution channels (now known or later developed), subject to
the applicable provisions in our Privacy Policy www.festivo.online/privacy.
t. You
are responsible for your use of Your Content and any consequences thereof,
including any consequences of the use of Your Content by other Users or third
parties. We are not responsible or liable for any use of Your Content, nor the
use of any content or information submitted or posted by other Users or
visitors.
u. You
warrant that Your Content is not and will not infringe rights of any third
parties and that you have all the necessary rights, power and authority to
satisfy your obligations with regard to Your Content under these terms.
8. Our rights
We may (at our discretion but are not obliged
to) review content or information submitted or posted by Users on our Platform.
We reserve the right to remove any content which we consider as offensive,
harmful, deceptive, discriminative, defamatory or otherwise inappropriate or
misleading, or content that we believe may be infringing rights of third
parties. We do not endorse or support any views expressed by any Users on our
Platform.
9. Intellectual Property
v. Our
name “Festivo” and our marks and logos are our trade marks (whether or not they
are registered or unregistered) and may not be used without our express prior
written consent.
w. All
trademarks, trade names, service marks, logos, copyrights, database rights, and
other intellectual property rights of any nature on the Platform, including all
information, data, text, music, sound, images, photographs, graphics,
illustrations and video messages, page headers, button icons, scripts,
arrangement and presentation thereof together with the underlying software
code, source code, software compilations, tools, application, slogans, filters,
User generated filters and other content contained therein (collectively,
“Material”) are owned directly by us. You acknowledge that you have no
ownership rights in or to any (part of) the Material. We reserve all rights to
take any legal action in relation to any right applicable to the Material.
x. All
intellectual property rights subsisting in the Platform or the products or
services we provide belong to us or have been lawfully licensed to us. All
rights under applicable laws are hereby reserved.
y. You
may view, use, print or download extracts of the Material for your own personal
use but you cannot otherwise use, copy, edit, vary, alter, reproduce, publish,
display, distribute, store, transmit, commercially exploit, or disseminate in
any form whatsoever any of the Material or use the Material in any manner which
creates the impression that such items belong to or are associated with you
without express written permission from us.
z. Reporting
Intellectual Property Rights Infringement:
1. We
have a policy of limiting access to our Platform and terminating the accounts
of Users who infringe the intellectual property rights of others. If you believe
that anything appearing on our Platform infringes any copyright that you own or
control, you may notify us at cs@festivo.store .
2. Please
note that if you knowingly misrepresent that any activity or Content or Material
on our Platform is infringing, you may be liable to us for costs and damages to
be ascertained.
10. Dispute Resolution
Festivo encourages Customers and Merchants to
resolve disputes (including claims of refunds) with each other directly
whenever possible. Festivo does not play any role in mediating disputes between
any Customers and Merchants.
11. Third Party Software Integrations
Our Platform may integrate with third-party
software to provide a full suite of functionalities to our Users. We are not responsible
for any issues and/or direct or indirect losses arising from the use of any
third-party software. Your access and use of the third-party software is
governed by the terms of service and/or the user agreements of that software.
12. Advertisers on Platform
We accept no responsibility whatsoever for
adverts featured on the Platform. If you agree to purchase goods and/or
services from any Merchant or third party that advertises on the Platform, you
do so at your own risk. The advertiser and Merchant (if the goods or services
were purchased from or through one of the Merchants), not Festivo, is
responsible for such goods and/or services and if you have any queries or
complaints in relation to them, your only recourse is against them.
13. Limitation on liabilities
aa. To
the fullest extent permitted by law, we (including our holding company(ies),
subsidiaries, affiliates, directors, officers, employees, agents,
representatives, partners and licensors (collectively, “Our Entities”))
expressly limit our liabilities in connection with or arising out of the
provision of the Platform as follows:
1. we
provide the Platform and any products or services we offer on an “as is” and
“as available” basis, and your access to or use of our Platform is at your own
risk;
2. we
give no assurance, representation or warranty of any kind (whether express or
implied) about the Platform and any products or services featured on our
Platform;
3. we
do not guarantee that the information or content you find on the Platform is
always accurate, truthful, complete and up-to-date;
4. we
expressly disclaim all warranties and representations (for example, warranties
of merchantability, fitness for a particular purpose, and non-infringement);
5. we
are not responsible for any delay or disruption in our Platform or any defect,
viruses, bugs or errors; and
6. we
are not responsible for the conduct of or any content or information submitted
or posted by any user of the Platform (whether online or offline).
bb. Our
role in managing the Platform is purely mechanical and administrative in
nature. To the fullest extent permitted by law, Our Entities are not liable to
you or any other parties for:
1. any
indirect, incidental, special, exemplary, consequential or punitive damages
arising from or in connection with the use of the Platform;
2. and/or
any loss of data, business, opportunities, reputation, profits or revenues.
cc. Nothing
in these Terms limit your legal rights as a consumer that may not be waived by
contract.
dd. Other
than the types of liabilities that we cannot limit by law, our liabilities to
you (on aggregate) are limited to the amount you have paid us (if any) for the
use of our Platform or for any products or services we offer over the last
twelve (12) months.
14. Indemnity
ee. You
agree to indemnify and hold Our Entities harmless from and against all
liabilities, damages, claims, costs (including legal fees and costs), and
expenses in connection with or arising from:
1. any
breach of these Terms by you,
2. any
sale and purchase between the Customer and the Merchant,
3. your
use of our Platform and/or
4. any
misrepresentation made by you on our Platform.
ff. You
also agree to fully co-operate with Us in the defence or settlement of any
claim in relation to or arising out of our Platform or these terms.
gg. We
reserve the right, at your expense, to assume the exclusive defence and control
of any matter subject to indemnification by you, and you agree to cooperate in
such defence. We will use reasonable efforts to notify you of any such claim,
action or proceeding upon becoming aware of it/them. No settlement which may
adversely affect our rights or obligations shall be made without our prior
written approval.
hh. You
agree to promptly notify Us of any third party claims and cooperate with Us in
defending such claims and pay all fees, costs and expenses associated with
defending such claims including, but not limited to legal fees. You agree not
to settle any matter in which you have indemnity obligations towards us without
our prior written consent.
15. Terminations
ii. We
reserve the right, without notice, in our sole discretion and at any time, to
terminate, revoke, suspend your right and ability to access or use our Platform
or any part of it as well as to control who can use the Platform and request
that you stop accessing or permanently destroy certain content or information
available through the Platform. We may also modify, suspend, or discontinue the
Platform. We are not responsible for any loss or harm related to our
termination of your access or use of our Platform.
jj. You
may stop using the Platform any time by deactivating your account, if you are a
subscribing Merchant or registered Customer, or simply by ceasing to access or
use our Platform.
kk. We
reserve the right to suspend or terminate your access to our Platform, if we
reasonably believe:
1. you
are in serious or repeated breach of these Terms (including a prolonged failure
to settle any payment);
2. you
are using the Platform in a manner that would cause a real risk of harm or loss
to us, other Users, or the public;
3. we
are requested to do so by government or regulatory authorities or as required
under applicable laws, regulations or legal processes; or
4. our
provision of the Platform to you is no longer possible or commercially viable.
ll. In
any of the above cases, we will attempt to notify you at the email address
included in your Account Information or on your next attempt to access your
account, unless we are prohibited from notifying you by law.
mm.
Upon termination of your access, these Terms
will also terminate except for Clauses 7 to 15 inclusive.
nn. Where
we consider necessary or appropriate, we will report any breach of these Terms
to law enforcement authorities and we will cooperate with such authorities by
disclosing your identity and providing any information about you within our
systems to them.
16. System Requirements
oo. In
order to use the Platform, you are required to have a compatible mobile device,
desktop or laptop, internet access, and the necessary minimum specifications
(the “System Requirements”).
pp. The
System Requirements are as follows: the app requires the device to be
running Android 4.4 and/or iOS 9.0 or later.
qq. The
software capabilities and System Requirements of our Platform may be upgraded
from time to time to add support for new functions and services.
17. Entire agreement
rr. These
terms constitute the entire agreement between any user and us in relation to
the use of or any transactions on the Platform. These terms supersede and
extinguish all other agreements, promises, assurances, warranties,
representations and understandings between any User and Us, whether written or
oral, in relation to the use of or any transactions on the Platform.
ss. You
acknowledge that you will have no remedies in respect of any statement,
representation, assurance or warranty (whether made innocently or negligently)
that is not set out in these terms.
18. Severability
tt. If
any provision(s) of these Terms is held to be unlawful, void, invalid or
unenforceable, then such provision(s) is deemed severable from these Terms and
shall be construed, as nearly as possible, to reflect the intentions of the
parties (as reflected in the provision(s)) and all other provisions shall
remain in full force and effect.
uu. Any
failure by Festivo to exercise or enforce any right or provision of these Terms
shall not constitute a waiver of such right or provision unless acknowledged
and agreed to by Festivo in writing.
19. Changes of Terms
From time to time, we may amend these Terms
by posting the updated terms on our Platform. If we make material changes, we
will notify you of the changes before they become effective. By continuing to
use our Platform and our services after the changes come into effect means that
you agree to be bound by the revised Terms.
20. Miscellaneous
vv. We
may transfer our rights and obligations under these terms to another
organisation. If you do not wish to continue with the transferee whatever
contract you had with us, you must notify us within fourteen (14) business days
so we can refund you any payments you have made in advance for products or
services which you have purchased but have not already been provided (if any).
Failure to notify us within the 14 day period may result in forfeiture of
outstanding payment amounts.
ww.
You may only transfer your rights or your
obligations under these Terms to another person if we expressly agree to this
in writing.
xx. If
a court or relevant authority finds any of these Terms invalid or illegal, the
rest will continue in force. Each of these terms operates separately. If any
court or relevant authority decides that any of them are unenforceable, the
remaining paragraphs will remain in full force and effect.
yy. No
party shall be liable to the other for any default resulting from force
majeure, which includes any circumstances beyond the reasonable control of the
parties.
zz. By
using our Platform, you consent to receiving communications from Us electronically.
You agree that all notices, disclosures, and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing. You agree that you have the ability to store
electronic communications such that they remain accessible to you in an
unchanged form.
aaa.
If we do not insist immediately that you do
anything you are required to do under these terms, or if we delay in taking
steps against you in respect of your breach of any of the terms herein, such delay
or failure on our part does not signify that you do not have to comply with or
make good any of the terms herein and it will not prevent us taking steps
against you to enforce the terms at a later date.
21. Governing law and jurisdiction
bbb.
These terms are governed by and shall be
construed in accordance with the laws of the Hong Kong Special Administrative
Region.
ccc.
The courts of the Hong Kong Special
Administrative Region shall have exclusive jurisdiction to settle any dispute
or claim arising out of or in connection with these terms.
22. Feedback
ddd.
We value and welcome feedback on our
Platform. You agree that we are free to use, disclose, adopt and/or modify any
feedback and any information (including any ideas, concepts, proposals,
suggestions or comments) provided by you to use in connection with our Platform
or any products or services we offer, without any payment to you. For any
questions or problems relating to our Platform, our products or services, or
these terms, you can contact us by emailing us at cs@festivo.store or writing to us
at Shop 11, G/F Shing To Building, 32-36 Tai Po Road, Sham Shui Po,
Kowloon.
eee.
You hereby waive and agree to waive any
rights to claim for any fees, royalties, charges or other payments in relation
to our use, disclosure, adoption and/or modification of any of your feedback.
Part B –
Customer’s Terms of Service
In addition to the Terms, the following
additional terms shall apply to all Customers:
1. Purchases In Stores Featured On Our
Platform
fff. Customer
shall place orders with the Merchant as per the instructions provided in our
Platform. All order(s) the Customer places with the Merchant are regarded as
offers and the Merchant accepts the order(s) when our Platform emails you a
confirmation. At this point, a contract between the Customer and the Merchant
is formed but may be subject to the Merchant’s separate terms and conditions
and/or terms of service (if any). We are not liable to any person or entity in
relation to a sale and purchase of any goods or services featured on our
Platform. We are not responsible for the enforcement of any contractual
obligations between Merchants and Customers or as between Customers and any
third parties responsible for fulfilment of any purchases. We shall not be held
liable for any direct and/or indirect damages that may arise from or in
connection with any sale and purchase.
ggg.
Once the Customer has placed an order and the
Merchant has confirmed to ship or fulfil the orders, we will send the Customer
an email for feedback on the goods and/or services provided. We appreciate any
feedback provided by the Customer which will be visible to other Customer
visiting the Merchant’s store. We shall not be held liable or responsible for
any claim arising out of or in connection with the content of any feedback.
hhh.
Festivo has no control over and can therefore
not guarantee nor warrant the existence, quality, safety or legality of the
products or services offered or advertised on our Platform, the accuracy,
completeness or truth of any information, content or listings posted by any
Merchant and/or User, the credit worthiness of any Merchant and/or User, the
ability of Merchant to sell or Customer to buy, whether a particular product
and/or service is suitable for a particular purpose or whether or not a
particular Merchant and Customer will complete a particular transaction.
iii. You
may find company information relating to each Merchant, including company
background, shop address, contact emails and phone numbers, available on the
Merchant’s website. For any questions or problems relating to the
Merchant’s website, any products or services, you can contact the Merchant by
telephoning, emailing or online messaging the Merchant.
jjj. We
are not involved in any transactions between Merchant and Customers and our
role is solely that of providing a platform on which Merchant stores may be
featured, by using our Platform, in which our Platform serves as a marketplace
for Merchants and Customers. We do not process payments or participate in
fulfilment of purchases on behalf of Merchants. Customer should choose their
preferred payment method from among those methods made available by the
Merchant. Customer must choose their preferred fulfilment method, including
delivery from those offered by Merchants. All payment and delivery arrangements
are governed by the Merchant’s Terms of Sale and the relevant terms of the electronic
payment provider and fulfilment services provider (if any). We are not liable
under any circumstances for any issues or losses arising out of and/or in
relation to payments and delivery. As such, our role is merely mechanical and
administrative in nature in that we make our Platform available for Merchants
to establish and operate their online stores.
kkk.
When purchasing good and/or services through
our Platform, you agree to comply with our applicable rules and policies from
time to time in force. You are responsible for reading these Terms, our Privacy
Policy www.festivo.online/privacy and
other applicable rules and policies of the relevant Merchant(s) (collectively,
the “Governing Terms”) before committing to order any goods and/or services. In
placing any order you are deemed to have agreed to the Governing Terms.
lll. We
are not an agent of any Customer or Merchant or third party.
mmm. We
may at our sole discretion (but we have no obligation to) check, audit and/or
monitor the information contained in listings, comments and/or reviews posted
by any Customer without notifying the concerned Customer.
nnn.
The images of the products and/or services on
the online stores created by the Platform are for illustrative purposes only.
The products and/or services that you purchase may vary from those images.
ooo.
Our Platform is solely for the performance
and purchase of goods and/or services in countries in which we operate and is
not limited to Hong Kong. Our mobile app is accessible and can be downloaded
from anywhere in the world.
2. Customer’s Rights To Make Changes To
Orders Placed
In the event that any Customer decides to
vary an order that has already been placed with a Merchant for whatever reason
(the “Change”), the Customer shall contact the Merchant directly. The
Merchant’s terms of sale shall govern the Change and Festivo plays no part in
the Change and shall not be held liable for any claims whatsoever arising out
of or in connection with the Change.
3. A Customer’s Rights To End A Contract
If the Customer wishes the terminate a
contract to purchase any product or service for reasons not limited to any
defect in all or part of the goods and/or services provided (the
“Termination”), he or she shall contact the Merchant directly. The Merchant’s
terms of sale shall govern the Termination and Festivo plays no part in the
Termination and shall not be held liable for any claims arising out of or in
connection with the Termination.
4. Return of Products & Refunds
ppp.
Customer has the right to return any product
purchased from a Merchant but such right shall be governed by the relevant
terms of the Merchant’s return and refund policy.
qqq.
Customer has the right to request a refund on
any product that has been returned to a Merchant but such right shall be
governed by the relevant terms of the Merchant’s own return and refund policy.
rrr. Festivo
does not play any role in facilitating returns, requesting refunds or
intervening on Customers’ behalf regarding returns or refunds.
5. Merchant’s Use of Customer’s Personal
Information
sss.
The Merchant is the information controller
and processor who will collect and use any personal information that Customer
provides through the Platform for purposes not limited to the following:
1. to
supply the product and/or services to you;
2. to
process your payment and delivery for the products and/or services; and
3. with
your consent, to provide you information on product updates and promotions that
the Merchant
ttt. Any
Merchant’s use of personal information provided by Customer shall be governed
by the Merchant’s own terms of sale, terms of service and/or privacy policy and
Festivo has no part of this.
uuu.
The Merchant is solely responsible for how to
store and process your personal information collected from the Platform. You
should contact the Merchant if you want to access, update or remove your
personal information. Festivo does not store or process any personal
information apart from information contained in the Account Information, such
information is never shared with Merchants or third parties and is subject to Festivo’s
Privacy Policy, the details of which can be found here: Privacy Policy www.festivo.online/privacy.
Part C –
Merchant’s Terms of Service
In addition to the Terms, the following
additional terms shall apply to all Merchants:
1. Subscription Terms
a.
When you initially subscribe to a
Subscription Plan, you will be charged immediately for the initial term of 1
month, 1 year or 2 years at the then-current subscription fee for the
applicable subscription tier. Unless you terminate your Subscription Plan, your
subscription will automatically renew upon the expiry of the initial term
and/or at the end of each subsequent renewal term at the then-current
subscription fee.
b.
By subscribing to the Subscription Plan, you
authorise Festivo to charge the applicable recurring subscription fees through
your designated billing payment method.
c.
You will be charged in advance for the
renewal term of the Subscription Plan on the applicable billing date (the
“Charge Date”). The subscription fee charged on the Charge Date applies to the
subscription period immediately following the Charge Date (e.g., the calendar
year immediately following the Charge Date).
d.
We may increase the price payable for any
Subscription Plan, effective on the first day of a renewal term by giving you
30 days notice of the latest subscription fee before the beginning of the
renewal term. If you do not cancel your subscription, you shall be deemed to
have accepted the latest subscription fee for that renewal term and any
subsequent renewal terms.
e.
We may also reduce the subscription fees,
with the reduction becoming effective on the next renewal term and without any
pro rata reimbursement for the preceding subscription period covered by the
reduced subscription fee.
f.
You may update any of your billing information
(including a change to your desired billing payment method) through your
account settings or by contacting Festivo at cs@festivo.store.
g.
In the event of a dispute between the
Merchant and Festivo in relation to any issues arising out of or in connection
with the subscription services, Festivo shall have the full discretion to
determine the issue and its decision shall be final.
2. Merchant’s Additional Warranties
h.
Merchant is solely responsible for all
advertising, promotions, loyalty-based offerings made available to Customers
(each an “Offer”) and all other Content including but not limited to
branding, trademarks, logos, data, text, images, graphics that it posts on our
Platform.
i.
The Offer and other Content are provided and
solely determined by Merchant. Merchant is solely responsible for ensuring the
accuracy, reliability, integrity, quality and validity of the Offer and
Content.
j.
You represent and warrant that you own or
have the necessary licenses, rights, consents, permissions and releases for
your Content and to grant the licenses and rights set out in the Terms and
these terms that apply solely to Merchants. You are also responsible for any
fees, royalties or other monies owing by reason of any Content you provide.
3. Billing authorisations for free trials
From time to time we may offer free trials
for Subscription Plans. To register for a free trial, you may be required to
provide an applicable billing payment method. In the event that you subscribe
to the free trial, you agree to give Festivo a pre-authorisation to charge for
the subscription fee that will be applicable for the Subscription Plan if you
continue with the Subscription Plan after the free trial expires. It is
possible that some financial institutions may perceive these requested amounts
as actual pending charges. These are not actual charges, and Festivo will not
be responsible for any results, such as an overdraft fees, that may occur with
your account as a result of such authorisations.
4. Cancellation of a Subscription Plan
k.
You may cancel your subscription at any time
by following the instructions set forth on our Platform. Once you have
cancelled your subscription, Festivo will suspend the auto-subscription fee
renewal for you until and unless you re-subscribe. All of the fees paid and
charges made prior to termination are non-refundable. Termination of your
subscription shall not relieve you of any obligations to pay accrued charges.
Your Subscription Plan will terminate on the date that is the day following
your last charge cycle.
l.
In the event that you re-subscribe while an
existing Subscription Plan is active, your existing Subscription Plan will end
on the original expiry date and your subscription will be extended to the new
expiry date.
m. You
agree that Festivo, in its sole discretion, without prior notice, may
freeze or terminate your Subscription Plan for reasons, including but
without limitation to your breach of these Terms.
n.
Festivo may also in its sole discretion, and
at any time, modify or discontinue any Subscription Plan, or any part thereof,
without notice. Additionally, Merchant hereby agrees that Festivo shall not be
liable to you or any third-party for any claims or direct or indirect loss
arising out of or in connection with the interference with, or termination of,
the Merchant’s access to the Subscription Plan.