Terms of Service

Welcome to Fans by Fans ("Platform", "we", "us", or "our"), operated by Tatak Entertainment Technologies Inc., a corporation registered and operating under the laws of the Republic of the Philippines.

Company Address:
111 Paseo de Roxas Building, Legazpi Village, San Lorenzo,
Makati City 1223, National Capital Region, Philippines

By accessing or using our Platform, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Platform.

These Terms constitute a legally binding agreement between you and Tatak Entertainment Technologies Inc. governing your use of the Platform and all related services, including but not limited to e-commerce transactions, buyer protection services, and payment processing.

This Platform operates in compliance with the Internet Transactions Act of 2023(Republic Act No. 11967), the E-Commerce Act (Republic Act No. 8792), the Consumer Act of the Philippines (Republic Act No. 7394), and the Data Privacy Act of 2012 (Republic Act No. 10173).

"User" means any individual or entity that accesses or uses the Platform.

"Buyer" means a User who purchases products or services through the Platform.

"Partner" means a fulfillment partner who lists products and fulfills orders on behalf of the Platform.

"Product" means any item, digital goods, or service listed for sale on the Platform.

"Transaction" means any purchase, sale, or exchange of Products facilitated through the Platform.

"ProtectedByFans Guarantee" means our proprietary buyer protection program that holds funds securely, verifies product quality, and ensures fulfillment partner standards are met before completing a Transaction.

"Content" means any text, images, videos, data, or other materials uploaded to or transmitted through the Platform.

3.1 Age Requirements

You must be at least 13 years of age to create an account on the Platform. Users between 13 and 18 years of age may only use the Platform with parental or guardian consent and supervision. Users engaging in financial transactions must be at least 18 years of age or have legal guardian authorization.

3.2 Account Creation

To access certain features, you must create an account by providing accurate, current, and complete information. You agree to:

• Provide truthful registration information
• Maintain and update your information to keep it accurate
• Maintain the security and confidentiality of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

3.3 Identity Verification (KYC)

Partners and Users conducting certain transactions may be required to complete identity verification ("Know Your Customer" or KYC) through our verification provider. This process may include:

• Government-issued identification document verification
• Facial recognition and liveness detection
• Address verification

You consent to the collection and processing of verification data in accordance with our Privacy Policy.

4.1 Merchant of Record

Fans by Fans operates as the Merchant of Record for all transactions on this Platform. When you make a purchase, you are buying directly from Tatak Entertainment Technologies Inc. Fans by Fans will appear as the merchant on your payment or billing statement. We work with vetted fulfillment partners who deliver products on our behalf. As the Merchant of Record, we provide:

• Product catalog and discovery
• Secure payment processing
• ProtectedByFans Guarantee protection for all purchases
• Vetted fulfillment partner coordination
• Customer support and dispute resolution

4.2 Transaction Responsibility

Important: As the Merchant of Record, Fans by Fans takes full responsibility for all transactions conducted through our Platform. We are committed to:

• Ensuring products listed meet our quality and compliance standards
• Verifying partner credentials and maintaining partner accountability
• Protecting buyer payments through our ProtectedByFans Guarantee
• Resolving disputes fairly and in accordance with consumer protection laws
• Providing recourse for defective or misrepresented products

4.3 ProtectedByFans Guarantee

All transactions on the Platform are protected by our ProtectedByFans Guarantee, our proprietary buyer protection program that ensures:

• Quality Standards: Products listed must meet our quality and authenticity requirements
• Vetted Fulfillment: We verify and monitor fulfillment partners for reliable delivery
• Secure Payment: Your payment is held securely until you confirm satisfaction
• Delivery Assurance: Orders are tracked and monitored throughout the fulfillment process
• Full Protection: If issues arise, your payment remains protected while we resolve the matter

5.1 General Conduct

All Users agree to:

• Comply with all applicable laws and regulations
• Act honestly and in good faith in all Platform interactions
• Respect the rights of other Users
• Not engage in fraudulent, deceptive, or misleading practices

5.2 Prohibited Activities

Users are prohibited from:

• Listing or selling illegal, counterfeit, or prohibited items
• Engaging in money laundering or terrorist financing
• Circumventing Platform fees or ProtectedByFans Guarantee protections
• Creating multiple accounts to evade restrictions
• Harassing, threatening, or abusing other Users
• Posting false, misleading, or defamatory content
• Attempting to gain unauthorized access to the Platform
• Using automated tools to scrape or interact with the Platform
• Interfering with the Platform's operation or security

5.3 Partner Responsibilities

Partners additionally agree to:

• Provide accurate and complete product descriptions
• Display prices in Philippine Pesos (PHP) as required by law
• Maintain adequate inventory for listed products
• Fulfill orders promptly and as described
• Respond to buyer inquiries within reasonable timeframes
• Comply with consumer protection laws regarding returns and refunds
• Maintain any required business licenses or permits

5.4 Buyer Responsibilities

Buyers additionally agree to:

• Review product descriptions carefully before purchase
• Provide accurate shipping information
• Confirm receipt of goods within the specified timeframe
• Report issues or disputes promptly and honestly
• Not abuse the dispute or refund processes

6.1 Platform Fees

Fans by Fans charges fees for facilitating transactions. Fee structures may include:

• Transaction fees (percentage of sale price)
• Payment processing fees (varies by payment method)
• Payout/disbursement fees

Current fee schedules are displayed during the listing and checkout processes. Fees are deducted automatically before disbursement to Partners.

6.2 Payment Processing

Payment processing is handled by our PCI DSS certified payment service provider. Supported payment methods include:

• E-wallets (GCash, Maya/PayMaya, GrabPay)
• Credit and debit cards
• Bank transfers and direct debit

6.3 Disbursements

Upon successful completion of a transaction (buyer confirmation or auto-release), funds are disbursed to Partners via bank transfer. Disbursements are processed to the bank account registered and verified on the Partner's profile.

6.4 Currency

All prices on the Platform are displayed in Philippine Pesos (PHP). International transactions may be subject to currency conversion fees imposed by payment providers or banks.

For detailed information about our cancellation and refund policies, please refer to our Refund Policy.

7.1 Cancellation Process

• Either party may request cancellation before order fulfillment
• Cancellation requests require mutual consent
• If consent is not provided, the requesting party may escalate to dispute

7.2 Refund Processing

• Approved refunds are processed to the original payment method
• Refund processing times depend on the payment provider
• Platform fees may or may not be refundable depending on circumstances

8.1 Dispute Process

In case of disagreement between Buyer and Partner, our dispute resolution process applies:

1. Direct communication between parties is encouraged first
2. If unresolved, either party may open a formal dispute
3. Both parties submit evidence and documentation
4. Platform administrators review and make a determination
5. Decision may include: full refund, partial refund, release to partner, or other resolution

8.2 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines. Any disputes arising from these Terms or Platform use shall be subject to the exclusive jurisdiction of the courts of Makati City, Philippines.

8.3 Alternative Dispute Resolution

In compliance with the Internet Transactions Act, Users may also seek recourse through the Department of Trade and Industry (DTI) for consumer complaints, or through other appropriate government agencies.

9.1 Platform Content

The Platform, including its design, text, graphics, logos, icons, images, software, and all other content ("Platform Content"), is the property of Tatak Entertainment Technologies Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws.

9.2 User Content

You retain ownership of content you upload to the Platform. However, by uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content for Platform operations and marketing.

9.3 Trademark

"Fans by Fans" and related logos are trademarks of Tatak Entertainment Technologies Inc. Use of our trademarks without prior written consent is prohibited.

9.4 Content Takedown Requests

If you believe content on this Platform infringes your intellectual property rights or violates applicable law, you may submit a takedown request to our Data Privacy Officer.

Your request must include:

• Your contact information (name, email address, phone number)
• A description of the content you believe is infringing
• The location (URL) of the allegedly infringing content on our Platform
• A statement of good faith belief that the use of the content is not authorized
• A statement under penalty of perjury that the information in your request is accurate
• Your physical or electronic signature

Submit takedown requests to: dpo@fansbyfans.com

This procedure is established pursuant to the following Philippine laws:

• RA 8293 (Intellectual Property Code of the Philippines)
• RA 8792 (Electronic Commerce Act)
• RA 11967 (Internet Transactions Act of 2023)

We will acknowledge receipt of your request within 3 business days and provide resolution within 7 calendar days as required by the Internet Transactions Act. We reserve the right to remove or disable access to content that we determine, in our sole discretion, violates intellectual property rights or applicable law.

10.1 Platform Provided "As Is"

The Platform is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

10.2 Limitation of Liability

To the maximum extent permitted by applicable law, Tatak Entertainment Technologies Inc. shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, or business opportunities
• Service interruptions or errors beyond our reasonable control
• Issues arising from User-provided inaccurate information
• Force majeure events affecting delivery or fulfillment

Note: This limitation does not affect your statutory rights under the Consumer Act of the Philippines (RA 7394) or other applicable consumer protection laws.

10.3 Maximum Liability

Our total liability for any claims arising from these Terms or Platform use shall not exceed the fees paid by you to the Platform in the twelve (12) months preceding the claim.

You agree to indemnify, defend, and hold harmless Tatak Entertainment Technologies Inc., its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any law or third-party rights
• Content you upload to the Platform
• Your transactions with other Users

12.1 Termination by User

You may close your account at any time by contacting us at support@fansbyfans.com. Outstanding transactions must be completed or resolved before account closure.

12.2 Termination by Platform

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• We suspect fraudulent or illegal activity
• You fail to complete required verification
• Your account is inactive for an extended period
• Required by law or regulation

12.3 Effect of Termination

Upon termination, your right to access the Platform ceases immediately. Provisions that by their nature should survive termination (including intellectual property, limitation of liability, and indemnification) shall survive.

We reserve the right to modify these Terms at any time. Material changes will be notified to Users via email or Platform notification at least 15 days before taking effect.

Continued use of the Platform after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Platform and close your account.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

For questions about these Terms, please contact us:

Tatak Entertainment Technologies Inc.
111 Paseo de Roxas Building, Legazpi Village, San Lorenzo, Makati City 1223, National Capital Region, Philippines

• General Inquiries: support@fansbyfans.com
• Data Privacy Officer: dpo@fansbyfans.com