1.1 Welcome to the Festivent platform (the "Site"). Please read the following Terms of Service carefully before using this Site or opening a Festivent account ("Account") so that you are aware of your legal rights and obligations with respect to Festivent Southeast Asia Limited and its affiliates and subsidiaries (individually and collectively, "Festivent", "we", "us" or "our"). The "Services" we provide or make available include (a) the Site, (b) the services provided by the Site and by Festivent client software made available through the Site, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video (including live streams), messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Site or its related services ("Content"). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Festivent.

1.2 The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Festivent is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Festivent is not involved in the transaction between Users. Festivent may or may not pre-screen Users or the Content or information provided by Users. Festivent reserves the right to remove any Content or information posted by you on the Site in accordance to Section 6.4 herein. Festivent cannot ensure that Users will actually complete a transaction.

1.3 Before becoming a User of the Site, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.

1.4 Festivent reserves the right to change, modify, suspend or discontinue all or any part of this Site or the Services at any time or upon notice as required by local laws. Festivent may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Festivent may also impose limits on certain features or restrict your access to parts of, or the entire, Site or Services in its sole discretion and without notice or liability.

1.5 Festivent reserves the right to refuse to provide you access to the Site or Services or to allow you to open an Account for any reason.

BY USING Festivent SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THE TERMS OF THIS AGREEMENT, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.

2.1 Your privacy is very important to us at FESTIVENT. To better protect your rights we have provided the FESTIVENT.com Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how FESTIVENT collects and uses the information associated with your Account and/or your use of the Services (the “User Information”). By using the Services or providing information on the Site, you:

(i) consent to FESTIVENT's collection, use, disclosure and/or processing of your Content, personal data and User Information as described in the Privacy Policy;

(ii) agree and acknowledge that the proprietary rights of your User Information are jointly owned by you and FESTIVENT; and

(iii) shall not, whether directly or indirectly, disclose your User Information to any third party, or otherwise allow any third party to access or use your User Information, without FESTIVENT’s prior written consent./p>

2.2 Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

3.1 FESTIVENT grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Site are the property of FESTIVENT and where applicable, third party proprietors identified in the Site. No right or licence is granted directly or indirectly to any party accessing the Site to use or reproduce any Intellectual Property, and no party accessing the Site shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Site and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Site or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Site on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

3.2 You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with FESTIVENT. You acknowledge that FESTIVENT may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

Any software provided by us to you as part of the Services is subject to the provisions of these Terms of Service. FESTIVENT reserves all rights to the software not expressly granted by FESTIVENT hereunder. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by FESTIVENT.

5.1 Some functions of our Services require registration for an Account by selecting a unique user identification ("User ID") and password, and by providing certain personal information. If you select a User ID that FESTIVENT, in its sole discretion, finds offensive or inappropriate, FESTIVENT has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. FESTIVENT has not reviewed, and assumes no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.

5.2 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Site, (c) immediately notify FESTIVENT of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. FESTIVENT will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.

5.3 You agree that FESTIVENT may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Site any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily or in more serious cases permanently withhold any sale proceeds or refunds, and/or take any other actions that FESTIVENT deems necessary. Grounds for such actions may include, but are not limited to, actual or suspected (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts, (e) buying products on the Site for the purpose of commercial re-sale, (f) abnormal or excessive purchasing of products from the same Seller or related group of Sellers, (g) voucher abuse (including, but not limited to, selling of vouchers to third parties, selling of vouchers or other credits at a significant markup above face value, and/or abnormal or excessive use of vouchers on the Site), (h) creation, exploitation, or use of any unauthorized third-party software or products in conjunction with or operate the functions available on FESTIVENT or (h) behaviour that is harmful to other Users, third parties, or the business interests of FESTIVENT. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, FESTIVENT may terminate your Account immediately with or without notice.

5.4 Users may terminate their Account if they notify FESTIVENT in writing (including via email at [email protected]) of their desire to do so. You understand and agree that your account will, at the earliest, be terminated twenty-four (24) hours after the request for termination. Notwithstanding any such termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact FESTIVENT after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. FESTIVENT shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this Section. Users waive any and all claims based on any such action taken by FESTIVENT.

5.5 You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.

6.1 The license for use of this Site and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, FESTIVENT may effect such termination with or without notice to you.

6.2 You agree not to: (a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) violate any laws, including without limitation any laws and regulation in relation to export and import restrictions, third party rights or our Prohibited and Restricted Items policy; (c) upload, post, transmit or otherwise make available any Content featuring an unsupervised minor or use the Services to harm minors in any way; (d) use the Services or upload Content to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; (f) remove any proprietary notices from the Site; (g) cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of FESTIVENT; (h) use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein; (i) use the Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive; (j) open and/or operate multiple user accounts in connection with any conduct that violates either the letter or spirit of these Terms of Service; (k) access the FESTIVENT platform, open a user account, or otherwise access your user account using any non-official FESTIVENT hardware or software, including but not limited to an emulator, simulator, bot or other similar hardware or software; (l) manipulate the price of any item or interfere with other User's listings; (m) take any action that may undermine the feedback or ratings systems; (n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by FESTIVENT with respect to the Services and/or data transmitted, processed or stored by FESTIVENT; (o) harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information; (p) upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (q) upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (r) upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other unauthorised form of solicitation; (s) upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment; (t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges; (u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services; (w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism; (x) use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, the European Union or Her Majesty’s Treasury; (y) use the Services to violate the privacy of others or to "stalk" or otherwise harass another; (z) infringe the rights of FESTIVENT, including any intellectual property rights and any passing off of the same thereof; (aa) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or (bb) list items which infringe upon the copyright, trademark or other intellectual property rights of third parties or use the Services in a manner which will infringe the intellectual property rights of others.

6.3 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not FESTIVENT, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site. You understand that by using the Site, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will FESTIVENT be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Site.

6.4 You acknowledge that FESTIVENT and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content, including without limitation any Content or information posted by you, that is available on the Site without any liability to you. Without limiting the foregoing, FESTIVENT and its designees shall have the right to remove any Content (i) that violates these Terms of Service or our Prohibited and Restricted Items Policy; (ii) if we receive a complaint from another User; (iii) if we receive a notice or allegation of intellectual property infringement or other legal instruction or request for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by FESTIVENT or submitted to FESTIVENT, including, without limitation, information in FESTIVENT Forums and in all other parts of the Site.

6.5 You acknowledge, consent to and agree that FESTIVENT may access, preserve and/or disclose your Account information and Content to any legal, regulatory, or governmental authority, the relevant rights owner, or other third parties if required to do so by law, pursuant to an order of a court or lawful request by any governmental or regulatory authority having jurisdiction over FESTIVENT or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service or our Prohibited and Restricted Items Policy; (c) respond to claims that any Content violates the rights of third parties, including intellectual property rights; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of FESTIVENT, its Users and/or the public.

7.1 Violations of this policy may result in a range of actions, including, without limitation, any or all of the following: 1. Listing deletion 2. Limits placed on Account privileges 3. Account suspension and subsequent termination 4. Criminal charges 5. Civil actions, including without limitation a claim for damages and/or interim or injunctive relief

7.2 If you believe a User on our Site is violating these Terms of Service, please contact [email protected].

8.1 As stated above, FESTIVENT does not allow listings that violate the intellectual property rights of brands or other intellectual property rights owners (“IPR Owner”).

8.2 Except where expressly stated otherwise, the Users are independent individuals or businesses and they are not associated with FESTIVENT in any way and FESTIVENT is neither the agent nor representative of the Users and does not hold and/or own any of the merchandise listed on the Site.

8.3 If you are an IPR Owner or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us by submitting the online form at https://FESTIVENT-support.formstack.com/forms/ipr_ph and provide us the documents requested below to support your claim. Do allow us time to process the information provided. FESTIVENT will respond to your complaint as soon as practicable.

.4 Complaints under this Section 8 must be provided in the form prescribed by FESTIVENT, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) a description of the nature of alleged infringement with sufficient details to enable FESTIVENT to assess the complaint; (d) URL(s) of the listing(s) which contains the alleged infringement; (e) sufficient information to allow FESTIVENT to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (f) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (g) a statement by the Informant that the information in the notification is accurate, that the Informant will indemnify us for any damages we may suffer as a result of the information provided by the Informant, and that the Informant has the appropriate right or is authorised to act on the IPR Owner’s behalf in all matters relating to the complaint.

8.5 FESTIVENT acknowledges a manufacturer’s right to enter into certain exclusive distribution agreements or minimum advertised price agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the sellers, FESTIVENT does not assist in this type of enforcement activity and does not enforce exclusive distribution rights or price-control matters except within the countries that have laws specifically governing selective or exclusive distribution.

8.6 Each and every Seller agrees to hold FESTIVENT and its Affiliates harmless from all claims, causes of action, damages and judgments arising out of any removal of any Content or product listings pursuant to or in relation to any intellectual property infringement claim.

9.1 FESTIVENT supports one or more of the following payment methods: (i) Credit Card Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in. (ii) Other online payment channels Buyers may pay through the various online payment channels available on the Site.

10.1 FESTIVENT Guarantee is a service provided by FESTIVENT or its authorised agent to protect purchases. To protect against the risk of liability, payment for purchases made to Seller using the Services will be held by FESTIVENT or its authorised agent (“FESTIVENT Guarantee Account”). Seller will not receive interest or other earnings from the sum you have paid into FESTIVENT Guarantee Account.

10.2 After Buyer makes payment for his/her order (“Buyer’s Purchase Monies”), Buyer’s Purchase Monies will be held in FESTIVENT Guarantee Account until: (a) Buyer sends confirmation to FESTIVENT that Buyer has received his/her goods, in which case, unless 10.2(d) applies, FESTIVENT will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), Transaction Fee (defined below), Commission Fee (defined below) and (if applicable) the Cross Border Fee (defined below)) in FESTIVENT Guarantee Account to Seller; (b) FESTIVENT Guarantee Period (or any approved extension under 10.3) expires, in which case, unless 10.2(c) or 10.2(d) applies, FESTIVENT will release Buyer’s Purchase Monies (less the Seller’s proportion of the Shipping Fee (if applicable), the Transaction Fee (defined below), Commission Fee (defined below) and (if applicable) the Cross Border Fee (defined below)) in FESTIVENT Guarantee Account to Seller; (c) FESTIVENT determines that Buyer’s application for a return of goods and/or refund is successful, in which case, unless 10.2(d) applies, FESTIVENT will provide a refund to Buyer, subject to and in accordance with the Refunds and Return Policy; (d) such other time as FESTIVENT reasonably determines that a distribution of Buyer’s Purchase Monies (less the Transaction Fee (defined below), Commission Fee (defined below) and (if applicable) the Cross Border Fee (defined below)) is appropriate, including, without limitation, where it deems reasonably necessary to comply with applicable law or a court order or to enforce these Terms of Service. FESTIVENT Guarantee is only offered to Buyers who have made payment through the channels provided by FESTIVENT into FESTIVENT Guarantee Account. Payments made outside the FESTIVENT Platform between Buyer and Seller will not be covered under FESTIVENT Guarantee.

10.3 Payments made through FESTIVENT channels will be held in the FESTIVENT Guarantee Account for a specified period of time (the “FESTIVENT Guarantee Period”). To find out more about the FESTIVENT Guarantee Period, please click this link. Buyer may apply for a one-time extension of FESTIVENT Guarantee Period prior to the expiry of the applicable FESTIVENT Guarantee Period, subject to and in accordance with the Refunds and Return Policy. Upon Buyer’s application, FESTIVENT Guarantee Period may be extended for a maximum period of three (3) days unless FESTIVENT in its sole discretion determines that a longer extension is appropriate or required.

10.4 If, for any reason, the Seller's bank account cannot be credited and/or the Seller cannot be contacted, FESTIVENT will use reasonable endeavours to contact the Seller using the contact details provided by him/her. In the event that the Seller cannot be contacted and the Buyer’s Purchase Monies remain unclaimed for more than six (6) months after they become due to the Seller, FESTIVENT will deal with such unclaimed Buyer's Purchase Monies in accordance with any applicable laws.

10.5 Seller/Buyer must be the beneficial owner of the Account and conduct transaction on the Site only on behalf of him or herself. FESTIVENT may require Seller or Buyer to provide his or her personal data such as recent identity photograph, bank account details and/or any other such documentation necessary, for verification purposes, including verification required by third party payment processing and logistic service providers. Seller/Buyer hereby grants FESTIVENT his/her consent to use or provide to third parties his/her personal data to facilitate his/her use of the Site. Further, Seller/Buyer authorises FESTIVENT to use his/her personal data to make any inquires we consider necessary to validate his/her identity with the appropriate entity such but not limited to as his/her bank. For more information in relation to how FESTIVENT handles your personal information, please visit our Privacy Policy page.

10.6 The FESTIVENT Guarantee is in addition and without limitation to Buyer’s and Seller’s obligations under applicable law, which may go above and beyond what is provided for by the FESTIVENT Guarantee. The FESTIVENT Guarantee is neither intended nor designed to assist Buyer or Seller in complying with its own legal obligations, for which each party will remain solely responsible, and FESTIVENT accepts no liability in connection with the same. Without limitation, the FESTIVENT Guarantee does not constitute a product warranty.

10.7 Buyer and Seller acknowledge and agree that FESTIVENT’s decision (including any appeals) in respect of and relating to any issues concerning the FESTIVENT Guarantee is final.

10.8 For the avoidance of doubt, any transactions not conducted on the Site will not qualify for the protection offered by FESTIVENT Guarantee.

11.1 Seller shall properly manage and ensure that relevant information such as the price and the details of items, inventory amount and terms and conditions for sales are updated on Seller’s listing and shall not post inaccurate or misleading information.

11.2 The price of items for sale will be determined by the Seller at his/her own discretion. The price of an item and shipping charges shall include the entire amount to be charged to Buyer such as sales tax, value-added tax, tariffs, etc. and Seller shall not charge Buyer such amount additionally and separately.

11.3 Seller agrees that FESTIVENT may at its discretion engage in promotional activities to induce transactions between Buyer and Seller by reducing, discounting or refunding fees, or in other ways. The final price that Buyer will pay will be the price with this adjustment is applied to it.

11.4 For the purpose of promoting the sales of the items listed by Seller, FESTIVENT may post such items (at adjusted price pursuant to Section 11.3) on third-party websites (such as portal sites and price comparison sites) and other websites (domestic or foreign) operated by FESTIVENT.

11.5 Seller shall issue invoices to Buyer.

11.6 Seller acknowledges and agrees that Seller will be responsible for paying all taxes, customs and duties for the item sold and FESTIVENT cannot provide any legal or tax advice in this regard. As tax laws and regulations may change from time to time, Sellers are advised to seek professional advice if in doubt.

11.7 Seller acknowledge and agrees that Seller’s violation of any of FESTIVENT’s polices will result in a range of actions as stated in Section 7.1.

12.1 FESTIVENT charges a fee for all successful transactions completed on the Site (Platform Fee”). The Transaction Fee is borne by the Seller, and is calculated as 7% of the Buyer’s Purchase Monies, rounded to the nearest peso. The Platform Fee is inclusive of value-added tax. FESTIVENT shall issue Official Receipts for the Platform Fee.

13.1 THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY FESTIVENT OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FESTIVENT DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.

13.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

13.3 FESTIVENT HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE FESTIVENT AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.

We reserves the right to update these Terms and Conditions at any time and any changes may be made without notice to you. We recommend you to read this Terms and Conditions periodically. By continuing to access or use Our Services after those revisions or changes become effective, you agree to be bound by the revised terms. If you do not agree to the new Terms and Conditions, please stop using the Website and/or Our Services All of our rights are reserved


Last updated: 27 January 2025

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