1. Introduction: This document set out our complaints policy. If you are a User of FiestaFans, this Complaints Policy forms part of your agreement with us.
2. Who we are and how to contact us: FiestaFans is operated by Apps & Ads Ltd. We are a limited company registered in England, and we have our registered office address at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ.
3. Interpretation: In this Complaints Policy, defined terms have the same meanings given to them in the Terms of Use for all Users. In addition, the term "business days" means any day which is not a Saturday, Sunday or public holiday in England.
4. Who can use this Complaints Policy? Whether or not you are a User of FiestaFans, you can use this Complaints Policy to alert us to any complaint which you have relating to FiestaFans.
5. How to make a complaint: If you have a complaint about FiestaFans (including any complaint about Content appearing on FiestaFans or the conduct of a User), please send your complaint to info@fiestafans.com including your name, address, contact details, a description of your complaint and, if your complaint relates to Content, the URL for the Content to which your complaint relates.
6. How we will deal with complaints of illegal or non-consensual Content: Following receipt of your complaint of illegal or non-consensual Content under section 5 above:
a. we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
b. if we require further information or documents from you, we will contact you to let you know;
c. we will in good faith investigate your complaint within 24 hours.
d. if we are satisfied that the Content is unlawful or non-consensual, we will immediately remove such Content, and we will notify you of our decision by email or other electronic message;
e. if we are satisfied that the Content is not unlawful or non-consensual, we will notify you of our decision by email or other electronic message.
Any dispute regarding our determination that Content is non-consensual will be submitted by us to a neutral arbitration association at our expense.
7. How we will deal with complaints related to copyright infringement: Complaints related to copyright infringement must be submitted in accordance with our DMCA Policy , and we will respond to copyright infringement complaints as set out in such policy.
8.How we will deal with other complaints: Following receipt of other complaints (including complaints related to other breaches of our Acceptable Use Policy) under section 5 above:
a. we will take such steps as we consider to be appropriate to investigate your complaint within a timescale which is appropriate to the nature of your complaint;
b. if we require further information or documents from you, we will contact you to let you know;
c. we will in good faith take such actions as we consider appropriate to deal with the issue which your complaint has raised. If you have complained about Content which appears on FiestaFans and we are satisfied that the Content otherwise breaches our Acceptable Use Policy, we will act quickly to remove such Content;
d. we are not obligated to inform you of the outcome of your complaint.
9. Unjustified or abusive complaints: If you are a User of FiestaFans, you warrant (which means you make a legally enforceable promise) that you will not make any complaint under this Complaints Policy which is wholly unjustified, abusive, or made in bad faith. If we determine that you have breached this warranty, we may suspend or terminate your User account.
Last updated: December 2022
PLATFORM TO BUSINESS REGULATION TERMS
1. Introduction: These Platform to Business Regulation Terms form part of the Terms of Service .
2. Interpretation: In these Platform to Business Regulation Terms, unless otherwise stated, defined terms have the same meanings given to them in the Terms of Use for all Users.
3. Do these Platform to Business Regulation Terms apply to me? These Platform to Business Regulation Terms only apply to Stars who are established or resident in the European Union or the United Kingdom (also referred to as "you" and "your"). If these Platform to Business Regulation Terms apply to you, they form part of your agreement with us.
4. What do these Platform to Business Regulation Terms include? These Platform to Business Regulation Terms provide information about our practices to comply with the fairness and transparency requirements set out in EU Regulation 2019/1150 (the "Platform to Business Regulation").
5. Promoting Stars via other distribution channels: We may choose to promote you via our Instagram, Twitter and TikTok social media accounts.
6. Complaints: If you have a complaint about:
a. any alleged non-compliance by us with any obligations laid down in the Platform to Business Regulation which affect you; or
b. technological issues relating directly to FiestaFans and which affect you; or
c. measures taken by us or our conduct which relate directly to FiestaFans and which affect you,
then please submit your complaint to info@fiestafans.com.
7. Complaint-handling process: Following receipt of your complaint under section 7 above, we will:
a. consider your complaint and the follow-up which we may need to give to your complaint (including asking you for further information or documents) in order to adequately address the issue raised;
b. process your complaints within a reasonable time, taking into account the importance and complexity of the issue raised; and
c. communicate to you in plain and intelligible language by email or by message to your FiestaFans account the outcome of the internal complaint-handling process.
8.Mediation service: If your complaint under section 7 above is not resolved to your satisfaction through our internal complaint-handling process as set out in section 8 above, then you may access the mediation service by contacting:
Centre for Effective Dispute Resolution, International Dispute Resolution Centre, P2B Panel of Mediators 70 Fleet Street, London, EC4Y 1EU, United Kingdom
https://www.cedr.com/p2bmediation/
You and we will act in good faith throughout any mediation. However, any attempt to reach agreement through mediation on the settlement of a dispute between us will not affect our or your rights to commence legal proceedings at any time before, during or after the mediation process, as such rights are set out in our Terms of Use for all Users.