Terms and Conditions

TERMS AND CONDITIONS

 

I. General terms and conditions
 

a. By using our Website (the “Website) and/or signing up for theartisangatherer.com’s Service (the “Service”), the users are deemed to have knowingly and voluntarily accepted the terms and conditions herein provided in regard to the use of the Website and/or availment of the Service, as well as to other matters contained herein. The Website is owned and operated by HyperDigital, Inc., a corporation organized and existing under and by virtue of the laws of the Republic of the Philippines;

 

b. These terms and conditions maybe changed without prior notice and subject solely to our own discretion. The users are advised to read the terms and conditions herein provided before proceeding to use the Website and/or the Service;

 

c. We reserve the right to refuse to provide the Service to anyone for any reason and at any time at our sole discretion;

 

d. Any person may link to our homepage, provided that he does so in a way that is legal, fair and not detrimental to our reputation and/or business and should not appear to be an endorsement and/or approval by us of any goods or services other than the Service that we provide or carry;

 

e. The user of our Website agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website and/or the Service, use of the Website and/or the Service, or access to the Website and/or the Service without our prior written permission;

 

f. Statements and/or expressions made that are considered immoral and/or criminal in nature as these terms are understood in relation to the country’s norms, practices, customs and/or traditions and/or under the existing laws of the Philippines, as well as those that tend to incite and/or abet the commission of crimes and/or immorality, are absolutely prohibited, and we may, at our sole discretion, immediately remove those statements or expressions and/or terminate the Service, without prejudice to possible legal actions that may be taken by us under the circumstances;

 

g. Uploading of images, materials or any other items that are considered pornographic and/or offending to normal decency and/or images, materials or other items that clearly cater to prurient interests are likewise absolutely prohibited and we may, at our sole discretion, immediately remove those images, materials or items and/or terminate the Service, without prejudice to possible legal actions that may be taken by us under the circumstances;

 

h. Uploading of libelous, scurrilous or defamatory statements, expressions, images and/or other materials are also absolutely prohibited, and we may, at our sole discretion, immediately remove those statements, expressions, images and/or other materials and/or terminate the Service, without prejudice to possible legal actions that may be taken by us under the circumstances;

 

i. We encourage and promote truth and accuracy in the statement of facts, description, quality, quantity, authenticity, measurements and/or other descriptive narratives about the products that are being offered for sale. In this regard, we reserve our right to demand strict compliance of this policy and terminate the Service in the event of unjustified refusal to do so;

 

j. We disclaim liability for damages that any person may sustain due to viruses, malicious programs or worms and other technologically harmful materials that may have caused such damage as a result of the use of the Website or the downloading of materials posted on it or on any website linked to it;

 

k. We as an online platform are also dependent on the technical operations and functions of the technologies of others. Therefore, we disclaim responsibility for damages that may be caused in those instances where such technologies of others falter causing the Website to be operating slower than normal, become non-operational and/or causing other technology issues;

 
II. The Service and the Responsibilities of Parties
 

a. We are an online platform. Our Service is in the form of providing a venue where the general public may use or set up shop for a fee to sell goods, products and/or other articles of commerce;

 

b. We do not assume, at any stage of the transaction between the vendor and the vendee, or at any other time, the personalities of either the vendor or the vendee, their representatives or agents. Other than providing the necessary online facilities for the vendors and the vendees to negotiate and consummate their transactions, we do not participate in any manner in the sale of their goods, products and/or other articles of commerce;

 

c. The vendor has sole and exclusive responsibility for product liability claims, returns and/or exchanges of goods, products and/or other articles of commerce, claims for warranties, refund of amount paid, after-sale service and/or similar concerns;

 

d. Claims for payment of goods, products and/or other articles of commerce sold through our Service should be directed against the vendee and/or the payment gateway provider involved. Being a third-party to the contract of sale between the vendor and the vendee, we assume no responsibility for such claims;

 

e. The vendor shall comply with all applicable laws and regulations governing the sale of commodities, goods, products and other articles of commerce, those laws and regulations that were enacted to protect the rights of consumers and all other applicable laws and regulations;

 

f. The vendor must have all the necessary authorities, permits and licenses from proper regulatory agencies such as the Food and Drug Administration (FDA) and/or similar agencies of government to sell their products legally;

 

g. The vendor must be duly registered with the Securities and Exchange Commission (SEC), if it is a corporation or partnership, Department of Trade and Industry (DTI), if the business is a sole proprietorship, Cooperative Development Authority (CDA), if it is a cooperative, and the Bureau of Internal Revenue (BIR). The vendor must also have the necessary business permit from the Local Government Unit (LGU) concerned;

 

h. Individuals may also be a vendor provided that he is duly registered with the BIR and has the necessary business permit from the local government unit concerned;

 
III. Products that may be sold through our Website
 

a. The following are the products that may be sold using our Website:

1. Hand-made creations by Filipinos, including downloadable items, products or materials;

 

2. Manufactured creations in small batches as long as these are original ideas conceptualized, designed and/or manufactured by Filipinos;

 

3. Hand-made or non-handmade crafting supplies; and

 

4. DIY Instructions or workshops.

 

b. We may, at our sole discretion, add other items of commerce to the list of products that may be sold using our Website.

 

IV. Requirements and Procedures
 

1. For the prospective vendor to use our Website or avail of our Service, he must first open a shop in our Website and pay the corresponding fees for the same;

 

2. The prospective vendor must be duly registered with the SEC, the DTI, or the CDA, as the case may be, the BIR, and must have the necessary business permit from the LGU concerned. The vendor must submit to us copies of those registrations;

 

3. The prospective vendor must likewise submit to us all the pertinent details of the goods and products that he would carry for appropriate check and verification to ensure compliance with our requirement that the goods and products that he intends to sell must be locally-made and only in small batches;

 

4. After checking and verification and we became satisfied that the prospective vendor has substantially complied with our requirements, activation of his account will follow;

 

5. We may provide advice to the vendor with regard to the manner by which he describes his goods and/or products taking into account our policy of accuracy and truthfulness in terms of product representation;

 

6. The vendor must also clearly indicate in his store for prospective vendees to see, read and understand his preferred method of shipment and/or mode of payment that the vendees may avail of, if there is such preference. Otherwise, the vendor must simply indicate in his store the possible methods of shipment and/or modes of payment that the vendees may, at their option, choose from;

 
V. Payment
 

a. Vendors can freely choose the payment gateways that they want to offer and through which the vendees may settle their accounts with them. Arrangement for payment and/or settlement of accounts should be agreed upon exclusively between the vendor and the vendee;

 

b. We offer third-party payment gateways, which the vendors may avail of as part of the Service. This added service, however, should not be construed as part and parcel of the contract of sale between the vendor and the vendee. It is merely an added facility introduced to make the parties’ transaction easier and more efficient, and completely separate and distinct from the sale transaction between the vendor and the vendee;

 

c. We reserve our right to change the payment gateways that we have subject to prior notice to those that may have existing transactions with the existing payment gateways and who may be adversely affected by the change;

 

d. The terms and conditions of payment to us for the use of our Website and/or the utilization of our Service shall be agreed upon and reduced to a formal written agreement before the use of the Website or utilization of the Service is provided or continued, which agreement shall include all other terms and conditions between us and the vendor.

 
VI. Shipment of Products
 

a. Shipment of products, goods and other articles of commerce is not part of the Service that we provide. Arrangements for the shipment of those products, goods and other articles of commerce sold through or by virtue of our Service shall be agreed upon exclusively between the vendor and the vendee;

 

b. We may from time to time recommend to the vendor a method of shipment or shipping or courier companies for shipment purposes, but our action should be understood as merely recommendatory and not obligatory, which recommendation is subject at all times to the final decision of the vendor whether to accept or not;

 

c. We reserve our right to eventually require as pre-condition for the use of our Website and/or the Service that products, goods and other articles of commerce sold through or by virtue of the use of our Website and/or the Service be shipped through a particular method of shipment or using a particular shipping or courier company. The vendor and the shipping or courier company concerned are free to stipulate the terms and conditions of the shipment. It is understood that the arrangement for the shipment of the aforementioned products, goods and other articles of commerce constitutes a separate contract between the vendor and the shipping or courier company and is separate, independent and distinct from the Service that we provide;

 

d. Problems and concerns relative to shipment such as loss of or damage to packages or to the goods or products shipped shall be an issue between the vendor and the shipping company. As a third-party to the shipment transaction, we assume no risk or liability whatsoever in relation thereto.

 
VII. Intellectual Property Rights
 

a. The trademark, trade name, service mark and/or copyrightable materials that are found and/or used by us in our Website and/or in furtherance of the Service are our intellectual creations over which we claim intellectual property rights. No one shall use those intellectual properties for commercial purposes without our prior written authorization except the use thereof in connection with the legitimate utilization of the Service or to promote the Service, including our Website, or the products that are being sold using our Service;

 

b. We reserve our right to discontinue and/or terminate the Service to a particular vendor or vendors and/or to any other party in the event of clear infringement of our intellectual property rights, without prejudice to possible legal action that we may institute against the parties concerned;

 

c. We strictly prohibit the use of the Website and/or the Service to commit, perpetuate and/or encourage the commission, in any manner or form, of infringement of copyright, trademark, service mark, trade name, geographic indications, industrial design, patent, and/or utility model. We reserve our right to immediately remove, without prior notice, the identified infringing articles, without prejudice to any possible legal action that may be brought by us in order to protect our legal and commercial interests;

 

d. Intellectual property rights appurtenant to the products, goods and other articles of commerce belong to the vendor and/or to the creators thereof. We shall do our best to protect those rights and/or prevent infringement of the same by bringing the matter up to the attention of the legitimate owners of those intellectual property rights for their appropriate actions within a reasonable period of time upon our gaining definite and concrete knowledge of the infringement;

 
VIII. Advertisement
 

1. The right to use the entire Website for advertising purposes belongs to us solely and exclusively. We may exercise such right at any time at our sole discretion without prior notice to anyone;

 

2. We may open necessary avenues for vendors to advertise their stores to other users and/or the general public, subject to prior written agreement between us and the one doing the advertisement.

 
XI. Data Privacy
 

a. We give utmost importance and priority to the privacy of all information that we collect and/or we receive taking into account the existing data privacy law of the Philippines, particularly the provisions of Republic Act 10173 otherwise known as the Data Privacy Act of 2012;

 

b. We collect and/or receive information solely and exclusively to facilitate the transactions through our Website or using our Service. It is strictly our policy to collect and/or receive only those pieces of information that are considered relevant and material for the conduct of our business and the business of those who are legitimately using our Website or the Service;

 

c. We do not encourage the vendor, the vendee, other users and the general public to entrust to us information that are unnecessary for the conduct of the business in or using our Website or the Service, particularly those that are considered “privileged information”, “personal information”, and/or “sensitive personal information,” as these terms are defined under R.A. 10173, which are considered unnecessary, superfluous, and/or irrelevant to conduct a legitimate and normal transaction using our Website or the Service;

 

e. By voluntarily providing us information that are considered unnecessary, irrelevant and/or superfluous for the purpose of conducting business using our Website or the Service, the person providing the information, including his principal if he is merely an agent, is deemed to have expressly waived his rights and the protection afforded to him by R.A. 10173;

 

f. The following are the information that we collect and are considered legitimately necessary for our business purposes:

 

1. Individual name, business name, email address, username, postal, business or delivery addresses, telephone, fax or mobile numbers, age, birth date, and/or gender;

 

2. Information about in-site activities including the stores visited, images uploaded, products or goods purchased and similar information;

 

3. Other information relevant under the circumstances.

 

g. We shall retain the data or information that we collected or received for as long as necessary for the fulfillment of our legitimate business purposes, to exercise or defend legal claims, or as may be provided by law;

 

h. We reserve our right to rectify or supplement inaccurate or incomplete data or information, and we shall keep the same in a form which permits identification of the data subjects or the individuals who entrusted personal data or information;

 

i. We shall secure the data or information that we collect and/or received in the course of the conduct of our business and protect and/or safeguard the same consistent with the strict requirements of R.A. 10173;

 

j. We shall process the data or information that we collect and/or received in the conduct of our business in accordance with the well-defined parameters and strict requirements provided under R.A. 10173;

 

k. We encourage all users of our Website or the Service to read carefully the foregoing terms and conditions relative to data privacy before using our Website or the Service.

 
X. Termination of Service
 

a. We reserve our right to terminate the Service for gross violation or serious breach of the terms and conditions herein provided as well as for other legitimate grounds provided under the law, without prejudice to us availing of legal and equitable remedies to pursue legitimate claims or protect our interests;

 

b. Upon termination of the Service, access to and/or use of the Website is prohibited, such that we may block or deny access to the Website without prior notice.