Kiosko Terms of Use

Kiosko provides digital tools for discovering, listing, promoting, coordinating, and managing pop-up events, bazaars, markets, kiosks, booths, sellers, organizers, products, promotions, maps, directories, and related activities.

Kiosko is not the organizer, producer, operator, owner, landlord, seller, merchant, employer, agent, insurer, security provider, payment guarantor, or representative of any event, organizer, kiosk owner, seller, visitor, venue, advertiser, or sponsor unless Kiosko expressly states otherwise in writing.

Events listed on Kiosko are independently organized and operated by third parties.

Any agreement concerning booth rental, participation fees, products, services, refunds, deposits, cancellations, permits, taxes, deliveries, or other transactions is directly between the relevant users.

Unless expressly offered as a separate Kiosko service, Kiosko does not receive or hold booth rental payments and does not guarantee payment by any party.

Kiosko does not guarantee:

• that an event will take place as advertised;
• event attendance, visitor traffic, sales, revenue, or profitability;
• the availability, location, size, condition, or suitability of any booth or kiosk;
• the accuracy of information supplied by organizers or sellers;
• the identity, qualifications, licenses, permits, or reliability of users;
• the quality, legality, safety, authenticity, or availability of products or services offered by sellers;
• that organizers will accept a kiosk application or reservation;
• that sellers or organizers will make required payments;
• the safety or security of any event or venue; or
• the conduct of organizers, kiosk owners, sellers, visitors, venues, advertisers, sponsors, or other third parties.

Users are responsible for performing their own due diligence before participating in an event or entering into a transaction.

Participation in physical events involves risks outside Kiosko’s control.

These may include event cancellation, weather, natural disasters, accidents, theft, property damage, crowd conditions, food-related incidents, product defects, illness, injury, transportation problems, venue conditions, acts or omissions of third parties, and other risks associated with public events and commercial activities.

You voluntarily assume the risks associated with organizing, selling at, attending, or otherwise participating in events discovered or managed through Kiosko.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Kiosko and its owners, directors, officers, employees, contractors, affiliates, representatives, and service providers shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential loss or damage arising from or relating to:

• an event listed or promoted through Kiosko;
• cancellation, postponement, relocation, modification, or interruption of an event;
• transactions between organizers and kiosk owners;
• transactions between sellers and customers;
• unpaid or disputed booth rental fees;
• lost sales, revenue, profits, opportunities, customers, goodwill, or data;
• injury, death, theft, property damage, product defects, food safety incidents, or accidents occurring at an event;
• statements, representations, conduct, negligence, or wrongdoing of organizers, kiosk owners, sellers, visitors, venues, sponsors, or advertisers;
• inaccurate or misleading user-submitted information;
• temporary platform outages, interruptions, errors, data loss, or technical failures; or
• circumstances outside Kiosko’s reasonable control.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded under applicable Philippine law or other mandatory law applicable to the user.

Event organizers are solely responsible for their events, including where applicable:

venue arrangements, permits, licenses, government approvals, local regulations, taxes, safety requirements, emergency procedures, security, sanitation, insurance, booth assignments, seller screening, rental collections, cancellations, refunds, and communications with participants.

Organizers are responsible for ensuring that information published through Kiosko is truthful, current, and not misleading.

Kiosko’s publication of an event does not constitute certification, endorsement, approval, or verification of that event.

Kiosk owners and sellers are independently responsible for their businesses, products, services, staff, permits, licenses, taxes, pricing, inventory, customer transactions, product claims, food safety requirements, warranties, refunds, and compliance with applicable laws.

Kiosko does not become a party to a transaction merely because a product, kiosk, promotion, or seller appears on Kiosko.

You retain ownership of the trademarks, trade names, logos, photographs, videos, graphics, product information, event information, advertisements, promotional materials, maps, descriptions, and other content that you own and submit to Kiosko (“User Content”).

By uploading, submitting, publishing, displaying, registering, or otherwise providing User Content to Kiosko, you grant Kiosko a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, display, publish, distribute, communicate, resize, crop, format, adapt, combine, and otherwise use that User Content for the operation, promotion, advertising, marketing, improvement, and distribution of Kiosko and events appearing on the platform.

This license specifically includes permission for Kiosko to use:

event names, organizer names, kiosk or store names, business names, trademarks, service marks, trade names, logos, photographs, videos, product images, event artwork, maps, booth layouts, promotional materials, descriptions, and other publicly submitted event or business content.

You represent and warrant that you own this content or have sufficient authorization to grant Kiosko these rights.

By creating or publishing an event on Kiosko, the organizer expressly authorizes Kiosko to identify, market, display, and promote the event as being “Powered by Kiosko.me,” “Discover this event on Kiosko.me,” or using similar Kiosko branding.

Kiosko may display Kiosko branding, QR codes, links, promotional banners, digital directories, event pages, kiosk pages, maps, and other Kiosko promotional elements in connection with the event.

The organizer grants Kiosko permission to use the event’s name, logo, branding, images, videos, artwork, public event information, map, participating kiosk information, and other authorized content to create promotional materials for the event and for Kiosko.

These materials may be displayed through Kiosko’s website, applications, social media, digital advertising, email campaigns, promotional materials, QR materials, event directories, advertisements, and other marketing channels.

Use of Kiosko includes the organizer’s authorization for Kiosko to display advertising, sponsorships, and promotional content in connection with events hosted on the platform.

Kiosko may select advertisers and sponsors at its discretion, subject to applicable law and Kiosko’s advertising policies.

Advertising or sponsorship may appear on:

• event pages;
• kiosk and seller pages;
• event directories;
• event maps;
• QR-code landing pages;
• digital banners;
• rotating promotional displays;
• marketing videos;
• event promotional materials; and
• other Kiosko-powered digital or printed materials.

For example, Kiosko may display wording such as:

“This event is powered by Kiosko.me together with our selected sponsor.”

or similar co-branding.

Organizers and kiosk owners acknowledge that use of the Kiosko platform may therefore include commercial advertising and sponsorship associated with their event or listing.

Unless separately agreed in writing, organizers and kiosk owners are not entitled to advertising or sponsorship revenue generated by Kiosko.

Kiosko’s display of an advertisement does not mean that the organizer or kiosk owner personally endorses the advertiser.

Organizers and kiosk owners expressly authorize Kiosko to display their names, business names, trademarks, service marks, logos, and branding for purposes reasonably connected with:

operating the platform; identifying the organizer, kiosk, seller, or event; promoting events; generating event advertisements; producing event directories and maps; creating social-media materials; generating QR-code materials; advertising Kiosko; and promoting Kiosko’s event ecosystem.

Ownership of those trademarks remains with their respective owners.

The authorization granted to Kiosko does not transfer ownership of the trademark or brand to Kiosko.

You represent that you have all rights and permissions necessary for any content you upload.

You must not upload material that:

• infringes another person’s copyright, trademark, privacy, publicity, or other rights;
• is fraudulent, deceptive, unlawful, defamatory, or intentionally misleading;
• promotes illegal products or activities;
• contains malware or harmful code; or
• otherwise violates applicable law or Kiosko policies.

Kiosko may remove, restrict, or disable content or accounts that violate these Terms.

Kiosko processes personal information in accordance with its Privacy Policy and applicable privacy and data-protection laws.

For users in the Philippines, this includes the Data Privacy Act of 2012 (Republic Act No. 10173), its Implementing Rules and Regulations, and applicable issuances of the National Privacy Commission.

Where Kiosko is offered to users in other jurisdictions, applicable mandatory privacy and data-protection laws may also apply.

Public visitors may generally browse public event information without creating an account.

Users may exercise applicable rights regarding their personal information as described in the Kiosko Privacy Policy.

Organizers, kiosk owners, sellers, and other users are responsible for complying with the laws applicable to their activities and location.

For activities conducted in the Philippines, this may include applicable national laws, local government ordinances, permit requirements, consumer protection rules, tax requirements, intellectual-property laws, privacy laws, e-commerce regulations, food and product safety requirements, and other applicable regulations.

For activities outside the Philippines, users are responsible for complying with applicable laws of the jurisdiction in which the event, seller, or user operates.

Nothing in these Terms is intended to waive rights or obligations that cannot legally be waived under mandatory applicable law.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Kiosko, its owners, affiliates, directors, officers, employees, contractors, and representatives from claims, losses, liabilities, damages, penalties, and reasonable legal costs arising from:

your event; your business; your products or services; your User Content; your violation of these Terms; your violation of applicable law; your infringement of third-party rights; or disputes between you and another organizer, kiosk owner, seller, customer, venue, visitor, advertiser, or other third party.

Kiosko may modify, suspend, discontinue, update, or restrict any feature of the platform.

We do not guarantee uninterrupted or error-free availability.

Kiosko may perform maintenance, introduce new functionality, remove functionality, or change how services operate.

Kiosko may suspend, restrict, or terminate accounts or remove events, kiosks, products, advertisements, or other content where we reasonably believe there has been:

a violation of these Terms; fraudulent or misleading activity; unlawful activity; intellectual-property infringement; abuse of the platform; security risk; harm to another user; or conduct that may expose Kiosko or its users to legal or operational risk.

Kiosko may contain links, integrations, advertisements, maps, social-media features, payment links, or services operated by third parties.

Kiosko is not responsible for the availability, policies, security, products, representations, or actions of independent third-party services.

Use of those services may be subject to separate terms and privacy policies.

Except where mandatory consumer or other applicable law provides otherwise, these Terms shall be governed by and interpreted according to the laws of the Republic of the Philippines, without regard to conflict-of-law principles.

Users outside the Philippines may also have mandatory rights under the laws of their country or jurisdiction that cannot legally be excluded by these Terms.

Before commencing formal legal proceedings against Kiosko, you agree, where legally permitted, to first provide Kiosko with written notice describing the dispute and allow a reasonable opportunity for informal resolution.

Subject to mandatory applicable law, disputes involving Kiosko shall be brought before the appropriate courts in the Philippines in the jurisdiction where Kiosko’s legal operating entity maintains its principal office.

This provision does not prevent Kiosko from seeking urgent injunctive or protective relief where appropriate.

Kiosko may update these Terms as the platform develops or where required by law.

Material changes may be communicated through the platform, by email, or through another reasonable method.

Continued use of Kiosko after updated Terms become effective constitutes acceptance where permitted by applicable law.

If any provision of these Terms is found invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall continue in effect.

These Terms, together with the Kiosko Privacy Policy and any additional terms expressly agreed between you and Kiosko, constitute the agreement governing your use of the platform.

By selecting “I Agree,” “Create Account,” “Register,” “Publish Event,” or another equivalent acceptance button, you acknowledge that you have read, understood, and agreed to these Terms of Use.

For organizers, your acceptance specifically confirms that:

I authorize Kiosko.me to display “Powered by Kiosko.me” branding in connection with my event and to display advertising and sponsorship from advertisers selected by Kiosko. I also grant Kiosko permission to use my event name, business name, trademarks, logos, images, videos, promotional materials, and other authorized content for operating, displaying, advertising, and promoting my event and the Kiosko platform, subject to these Terms.