Terms of Use

  1. Introduction

    These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website.

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

  2. Licence to use website

    Unless otherwise stated, we, our licensors or the copyright holders own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.

    YOU grant to FESTHOME a non-exclusive, non-transferable limited license to use and display YOUR tradenames and trademarks including any marks that YOU upload to the FESTHOME webite on the FESTHOME website for the purpose of promoting the services.

    Except as explicitly set forth herein, each party's trademarks, copyrights, patents, trade secrets and other intellectual property rights are and shall remain the sole property of that party.

    You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

    You must not:

    1. republish material from this website (including republication on another website);
    2. sell, rent or sub-license material from the website;
    3. show any material from the website in public;
    4. duplicate, copy or otherwise exploit material on our website for a commercial purpose;
    5. redistribute material from this website except for content specifically and expressly made available for redistribution (such as our newsletter).
  3. Acceptable use

    You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

    You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

    You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

    Your use of our services is strictly for personal use. You may not make the content available to others unless expressly authorised in these Terms or by FESTHOME staff.

    In the principle of fair use, you are allowed to share the contents in your account within your household with up to a maximum of 5 members of your household.

    Some content may be restricted by age or not appropriate for all ages.

  4. Services

    The advertising of services on our website constitutes an 'invitation to treat' - not a contractual offer.

    Prices stated on our website may be stated incorrectly.

    The purchase of services via our website will be subject to our terms of use.

  5. Limited warranties

    Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

    To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

  6. Limitations and exclusions of liability

    Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms of use.

    The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

    To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

    We will not be liable to you in respect of any loss or corruption of any data, database or software.

    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

    4FESTHOME makes no warranties as to quality or fitness for purpose of the service or content, and cannot guarantee that the service will be uninterrupted and/or error free, and FESTHOME cannot guarantee the adequacy of any third party infrastructure (e.g. your internet connection). However, any customer problems or complaints will be taken seriously, and FESTHOME will remedy complaints insofar as is reasonably practical and economical.

  7. Indemnity

    You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

    FESTHOME reserves the right to take any action it believes necessary to recover any sums you owe to FESTHOME. You agree that, in such circumstances, you will be liable for all costs and expenses incurred by FESTHOME including, but not limited to, legal fees, collection fees, arbitration costs and court costs.

  8. Breaches of these terms of use

    Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may:

    1. send you one or more formal warnings;
    2. temporarily suspend your access to the website;
    3. permanently prohibit you from accessing the website;
    4. block computers using your IP address from accessing the website;
    5. contact your internet services provider and request that they block your access to the website;
    6. bring court proceedings against you for breach of contract or otherwise; and/or
    7. suspend and/or delete your account with the website.

    FESTHOME reserves the right to end it's relationship with you under it's sole discretion.

    FESTHOME accepts no liability for any losses suffered by you or any third party for its decision to withdraw and/or block your access to the Service or any website under FESTHOME's control.

    FESTHOME reserves the right to terminate your account and block your future access if you initiate any unwarranted chargeback proceedings against FESTHOME, and we reserve the right to pursue you for any sums you owe and costs we incur in doing so where we suspect chargeback fraud.

  9. Variation

    We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version.

  10. Assignment

    We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

    You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

  11. Severability

    If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  12. Exclusion of third party rights

    These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

  13. Entire agreement

    These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

  14. Law and jurisdiction

    These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

  15. Registrations and authorisations

    We are registered with the Secretary of State of Delaware as FESTHOME INC.

  16. Our details

    The full name of our company is FESTHOME INC.

    Our registered address is Suite B-2, 2035 Sunset Lake Road, 19702, Newark, United States.

    You can contact us by email at support@festhome.com.

  17. User registration

    In order to access some features of the Website or other Services, you will have to create a FESTHOME account. When creating your account, you must provide accurate and complete information. You must keep your FESTHOME account password secure and confidential.

    You must notify FESTHOME immediately of any breach of security or unauthorised use of your FESTHOME account that you become aware of. (support@FESTHOME.com)

    You agree that you will be solely responsible (to FESTHOME, and to others) for all activity that occurs under your FESTHOME account.

  18. Amendment

    These terms of use are subject to change without prior notice.