Privacy Policy

 

END USER LICENCE AGREEMENT

This End User Licence Agreement (“Agreement”) governs use of the Fan App made available through the Apple App Store and creates a legal agreement between you (you”) and The Fan App Pty Ltd (ACN 604 872 200) (“Fan”) in relation to use of the Fan App. 

By installing, using or, alternatively, accessing the Fan App, you agree to be bound by the terms and conditions of this Agreement and our Privacy Policy, which is incorporated into this Agreement, as updated from time to time in accordance with Paragraph 16 below.

If you do not agree to the terms and conditions of this Agreement then you should not use the Fan App.

1. Parties

 

(a) The only parties to this Agreement are you and Fan.

 

(b) Notwithstanding paragraph 1(a) herein, you acknowledge that the following are third party beneficiaries of this Agreement and have the right to enforce this Agreement against you:

 

i.      Apple Inc., a California corporation with its principal place of business at 1 Infinite Loop, Cupertino, California 95014, USA (“Apple”) and Apple’s subsidiaries

ii.      Google Inc., a Delaware corporation with its principal place of business at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA (Google Play”) and Google Play’s subsidiaries

 

(c) You agree and acknowledge that Apple and Google Play are not responsible for the Fan App and its content and that these parties are not responsible for addressing any claims made by you in relation to the Fan App or use of the same, including, but not limited to:

 

i.      any product liability claim;

ii.      any claim that the Fan App fails to conform to any applicable legal or regulatory requirement; and

iii.      any claim arising under consumer protection or similar legislation.

 

Nothing in this Agreement shall be deemed to be an admission that you may have such claims.

 

2. Limited License

 

(a) Fan grants you a limited, non-exclusive, non-transferable, revocable license to use the Fan App for your personal or commercial purposes, as the case may be. You may only use the Fan App on devices that you own or control and as permitted by this Agreement and the Terms of Service of the Apply App Store and/or the Google Play Store, as updated from time to time.

 

(b) You agree that you will compensate Fan according to law, for any and all loss, harm, claim and expense, including by not limited to legal costs, which Fan incurs, directly or indirectly, as a result of your contravention of the terms of this Agreement.

 

(c) You agree and acknowledge that no agency, partnership, joint venture or employment is created as a result of this Agreement and, further, that you cannot make representations or bind Fan in any manner.

 

3. Accessing and Using the Fan App

(a) You agree and acknowledge that you are responsible for the internet connection and any charges which are incurred as a result of your accessing and/or using the Fan App.

 

(b) Fan makes no representation as to the accuracy, completeness or timeliness of any information posted to or otherwise made available by way of the Fan App, whether that information is provided by Fan or users of Fan App.

 

(c) You acknowledge that any information posted to or otherwise made available by the Fan App is providedas is” and without conditions or warranties of any kind.

 

(d) You agree that under no circumstance will Fan be liable in any way for any information posted to or otherwise made available by way of the Fan App, including, but not limited to, any loss or damage whatsoever incurred by you as a result of any inaccuracy, error or omission contained in any such information.

 

(e) You agree and acknowledge that Fan has the right to withdraw and/or modify the whole, or any part of, the Fan App from time to time without notice and without liability for any loss or damage which any person suffers as a result of the said withdrawal or modification, including, but not limited to, any loss or damage which occurs as a result of the Fan App, in whole or in part, being unavailable for use.

 

(f) You agree that you will compensate Fan, according to law, for any and all loss, harm, claim and expense, including by not limited to legal costs, which Fan incurs, directly or indirectly, as a result of your use of the Fan App.

 

4. Term of this Agreement

 

This Agreement, as amended from time to time in accordance with Paragraph 16, shall remain in effect so long as you use the Fan App.

 

5. Your Account

 

(a) Subject to the terms of this Agreement, in order to use Fan, you must register an account.

 

(b) You warrant, represent and promise that all information provided by you when registering your account is and shall remain true, accurate and complete at all times.

 

6. Privacy

 

(a) Fan will only collect, use and share your information in accordance with our Privacy Policy and the terms of this Agreement.

 

(b) By agreeing to be bound by this Agreement, you agree to also be bound by our Privacy Policy,

 

7. Age Restrictions

 

(a) You agree and acknowledge that you must be 13 years of age to access and/or use the Fan App. If you are under the age of 13, you must obtain the consent of a parent or guardian to use the Fan App.

 

(b) By accessing and/or using the Fan App, you warrant and represent:

 

i.      that you are 13 years of age or older;

ii.      that you have the right, authority and capacity to enter into this Agreement;

iii.      that, if you are under 13 years of age, you have obtained verifiable consent from a parent or legal guardian to access and/or use the Fan App; and

iv.      your use of the Fan App does not violate any applicable law or regulation in any relevant jurisdiction.

 

 

(b) You agree and acknowledge that Fan may immediately terminate your use of and/or access to the Fan App if Fan believes, in its sole discretion that you are under the age of 13 years and have not obtained verifiable consent from a parent or legal guardian.

 

(c) If you are a parent or legal guardian who has provided the necessary consent for a child aged less than 13 years to use the Fan App, you agree and acknowledge that you are bound by this Agreement in respect to that child’s use of the Fan App.

 

8. Objectionable Content Policy

 

(a) Fan maintains a zero-tolerance policy towards the posting of Objectionable Content on the Fan App.

 

(b) You acknowledge and agree that Fan reserves the right to remove, or, alternatively, to refuse to post, publish, upload, communicate or similarly disseminate any material which Fan, in its absolute discretion, reasonably considers to be Objectionable Content.

 

(c) For the purposes of this Agreement, Objectionable Content shall include, but is not limited to content which, in the reasonable opinion of Fan:

 

i.     is sexually explicit;

ii.    is profane;

iii.     is obscene, defamatory, libellous, slanderous, violent, harassing, harmful and/or otherwise unlawful;

iv.     infringes upon the rights of any third party, including intellectual property rights or any other proprietary right;

v.     is or could reasonably be viewed as invasive of another person or entity’s privacy, or any other personal right;

vi.     is or could reasonably be view as disclosing confidential material;

vii.    is deceptive or otherwise fraudulent;

viii.     which contains software viruses or other computer code, files or programs which are designed, or have the effect, of interrupting,  destroying, limiting or otherwise negatively impacting the functionality of the Fan App, or any other software, hardware or   telecommunications equipment;

ix.     promotes, whether directly or indirectly, the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms  and gambling, including, but not limited to, any online casino, sports book, betting agency, bingo or poker facility;

x.     impersonates, or otherwise misrepresents affiliation, connection or association with any person or entity;

 

(d) If you encounter any material which you believe to be Objectionable Content while using the Fan App, please report the same to Fan by utilising the “Report a Problem or Feedbackfeature located in the Fan App menu.

 

(e) In additional to any other right available to Fan, including but not limited to those created by this Agreement, and without prejudice to any other such right, Fan reserves the right to deactivate the account of any user who is found to have directly or indirectly posted, uploaded, published or otherwise communicated any Objectionable Content, immediately and without prior warning.

 

9. Safety

 

(a) You agree and acknowledge that you are solely responsible for your interactions with other Fan App users, whether that interaction is conducted through the Fan App or otherwise.

 

(b) You agree and acknowledge that Fan does not conduct criminal background checks or similar screening on users, or conduct assessments of their compatibility with any other current or future user of the Fan App;

 

(c) You agree and acknowledge that Fan does not make any warranty or representation as to the conduct of users or the suitability of content found on the Fan App, save as otherwise provided by this Agreement.

 

10. User Conduct

 

(a) In addition to any other act or omission which is prohibited by this Agreement, you agree that you will not:

 

i.      engage in conduct, including but limited to the posting of any content which is or could reasonably be considered to be bullying, stalking or harassment of any other person or entity;

ii.      harvest, scrape, mine or otherwise collect any information about or regarding any other user of the Fan App, including, but not limited to, any personal data or information;

iii.      use the Fan App in violation of, or in a way which is contrary to any applicable law, rule or regulation, including those that apply to you in the location from which you access and/or use the Fan App;

iv.      access or use the Fan App in any way which is contrary to or not permitted by this Agreement; and

v.      access or use the Fan App in contravention of any legal restriction which applies to you, specifically.

 

11. Links

 

(a) Fan or, alternatively, users of the Fan App may provide links to third party websites through the Fan App from time to time (“Third Party Links”). You agree and acknowledge that Fan makes no representations, nor provides any warranty as to the content, quality, security or trustworthiness of any Third Party Link, nor the goods and/or services, if any, which those third parties provide and that you use and access all Third Party Links at your own discretion and risk.

 

(b) You agree that any fees or charges whatsoever incurred by you in relation to Third Party Links are solely your responsibility.

 

(c) You agree and acknowledge that any data which you provide to third parties are not subject to Fan’s Privacy Policy.

 

12. Limitation of Liability

 

To the fullest extent allowed by any applicable law, regulation, rule, judicial decision or similar, you agree and acknowledge that Fan, its affiliates, partners, licensors, officers, agents and employees shall not be liable to you, or any third party, for any damages, including, but not limited to indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, damages for loss, personal injury, loss of profit, loss of goodwill, corruption or breach of data or programs, business interruption, or any other personal or commercial damage or loss, howsoever arising of or in connection to your use or inability to use the Fan App, and regardless of whether Fan has been advised that such loss or damage is possible or reasonable foreseeable.

 

13. Indemnity

 

You agree to indemnify and hold harmless Fan, its affiliates, partners, licensors, officers, agents and employees, from any loss, claim, liability and/or demand made by any third party, arising out of your use of the Fan App and/or your breach of or failure to comply with the terms of this Agreement, including any breach of your representations and warranties contained herein.

 

14. Warranty Disclaimer

       Fan disclaims all warranties about the Fan App to the fullest extent permitted by law. To the extent any warranty exists under law that cannot be           disclaimed, Fan, shall be solely responsible for such warranty.

15. Intellectual Property

 

(a) You agree and acknowledge that all copyright, trademark and other intellectual property rights in and relation to the Fan App are owned or licensed by Fan. You further agree and acknowledge that you will not infringe, limit or otherwise jeopardise Fan’s intellectual property rights.

 

(b) By submitting, posting, uploading, communicating or similarly disseminating any content on or via the Fan App, you:

 

i.      represent that you are fully entitled to do so;

ii.      grant Fan the right to edit, adapt, publish and use the same (and any derivative works which we may create from it) in any and all media, for any purpose, in perpetuity and without payment to you; and

iii.      agree to waive any moral rights which may exist in the content.

 

(c) You agree and acknowledge that Fan shall not be obliged to indemnify and/or defend you in relation to any third party claim as to infringement or similar of that party’s rights, including, but not limited to, intellectual property rights, which arise as a result of your conduct or use of the Fan App.

 

16. Changes to these Terms

 

(a) You acknowledge that Fan reserves the right to update and amend the terms of this Agreement (including the Privacy Policy) from time to time for reasons which include, but are not limited to the following:

 

i.      the changing nature of the good and/or services provided by Fan and the Fan App;

ii.     technical reasons; or

iii.      legal reasons.

 

(b) You agree that the terms of this Agreement (including the Privacy Policy) shall be deemed to be changed when the amended version of the same is posted to the more” tab of the Fan App menu, or, alternatively, when

 

(c) You agree that if you do not accept and agree to any amended version of this Agreement that you will cease to access and/or use the Fan App.

 

17. Severability

 

If any part of this Agreement is or becomes invalid or unenforceable under any applicable law, regulation, rule, of judicial determination, that part of this Agreement shall be interpreted in such a way as is consistent with the relevant law and the remainder of this Agreement shall remain valid and enforceable to the extent permitted by law.

 

18. Entire Agreement

 

This Agreement, as updated from time to time in accordance with Paragraph16 herein, and including the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers provided by Fan , contains the entire agreement between you and Fan regarding the Fan App.

 

19. Waiver of Our Rights

 

The failure of, or delay by Fan to exercise or enforce any right or power which is provided to it under the terms of this Agreement, shall not, and shall not be deemed to amount to a waiver of Fan’s right to exercise of enforce such right or power, unless written notice to that effect is given by Fan.

 

20. Governing Law and Jurisdiction

 

This Agreement is to be governed and interpreted in accordance with the laws of the State of Victoria, Australia, or the laws of Australia, as the case may be, and the parties submit to the jurisdiction of the Australian courts in respect of all matters relating to this Agreement.

 

PRIVACY POLICY

Fan takes seriously the privacy of all users of the Fan App. This document (“Privacy Policy”) sets out the policy by which Fan will collect, process, store, use and share certain types of information which Fan obtains through your use of the Fan App.

By installing, using or, alternatively, accessing the Fan App, you agree to be bound by the terms and conditions of the Privacy Policy. Please ensure that you read and understand the following.

If you do not agree to the terms and conditions of this Privacy Policy then you should not use the Fan App.

1.    Information Collected by Fan

 

(a) Fan may collect and store any information and content which you provide when using the Fan App, including information which can identify you. Such information may include that information and content you provide for the purpose of account registration, including your name, age, location, email address, telephone number and gender (“Personal Information”).

 

(b) If your Fan App account is registered through your Facebook account, you agree and acknowledge that Fan may access and collect certain information in accordance with your Facebook privacy settings and the Facebook privacy policy. Such information may include, but is not is limited to, your status, education history, relationship status, photos, list of friends, groups to which you are a member and Facebook content which you have liked (“Facebook Information).

 

(c) Fan may collect information and content through your use of the Fan App which is not capable of identifying you. Such information may include, but is not limited to, content you post or view on the Fan App, the third party links you access via the Fan App, the frequency, regularity, time and duration of your use of the Fan App, your IP address, device ID, your device type, hardware version, mobile device operator, the language in which you use the Fan App, the geographic location of your device during use of the Fan App, the other users of the Fan App with whom you interact and the groups (or similar) of Fan App users with whom you interact (“Non-Identifying Information”).

 

2.    How Fan Uses the Information Collected

 

Fan may generally use the information it collects about you and your use of the Fan App, including Personal Information, Facebook Information and Non-Identifying Information, to:

 

(a) deliver and improve the Fan App and the services which it provides; (b) manage our business;

(c) verify your eligibility to use the Fan App; (d) communicate with you;

(e) provide customer service and manage your account;

(f) market and promote to you the Fan App, the services it provides and related products, if any.

(g) perform research and analysis of your use of the Fan App, and, further, the use of the Fan App in general;

(h) develop, display and track content and advertising which is relevant and/or tailored to you, your interests and your use of the Fan App;

(i) analyse, report or similar on the use of the Fan App by users; (j) prevent crime or fraud;

(k) as otherwise expressly provided by this Privacy Policy, the End User Licence Agreement or as required by law; and/or

(l) to enforce or exercise any right or power provided to Fan by law or in accordance with the terms of Fan’s End User Licence Agreement.

 

3.    Sharing of Information

Fan may share the information which it collects with third parties as follows:

 

(a) Personal Information: Fan will only share your Personal Information (which may include, incorporate or refer to Facebook Information) with the following parties in accordance with this Privacy Policy or otherwise with your express, written consent:

 

i.     Third parties who perform services for and on behalf of Fan. Those services may include, but are not limited to, provision of customer service, marketing assistance, completion of business and sales analysis, tracking and analytics of advertising and conducting surveys. Any third party service provider will not be permitted to share or use such information for any purpose other than providing the relevant service(s).

ii.     In response to a subpoena or similar court process or order;

iii.     Upon reasonable request from a law enforcement or other government agency;

iv.    To establish, exercise or protect Fan’s legal rights;

v.    When Fan reasonably believes that the disclosure is required or appropriate in order to investigate, prevent or take other action in relation to illegal activity or other wrongdoing, including the protection or defence of the rights, property or safety of Fan, its agents employees or any other person or entity;

vi.     Upon sale of the business of Fan or similar corporate transaction; and/or

vii.    As otherwise required by law.

 

(b) Non-Identifying Information: Fan may use and share Non-Identifying Information (which may also include Facebook Information) which it collects in accordance with this Privacy Policy as follows:

 

i.      In any circumstance referred to in Paragraph 3(a) herein;

ii.      With third parties to develop and deliver marketing and advertising, including targeted advertising via the Fan App or other means;

iii.      To conduct analysis and reporting upon marketing and advertising;

iv.      With third parties for the purpose of business analysis or for other business purposes;

 

4.    How we Protect You Personal Information

 

Fan takes security measures to protect your Personal Information, maintaining appropriate technical and physical safeguards to protect the same from accidental, unpermitted or unlawful destruction, loss, alteration, disclosure, processing or use. Notwithstanding these measures, Fan does not warrant, promise, guarantee or represent that the information it collects, including your Personal Information, will always remain secure.

 

5.    Information You Provide about Yourself

 

In the course of using the Fan App, you will be able to post or otherwise disclose information about yourself and others and to communicate with other users of the Fan App. Such postings are governed by Fans End User Licence Agreement. Whenever you post or disclose such information, it will be publicly available and can be collected and used by others. Fan cannot control and shall not be responsible for what any other user, person or entity may do with such information. Fan advises that you carefully consider the information which you choose to post or otherwise disclose via the Fan App.

 

6.    Access to Your Personal Information

 

(a) You have the ability to review and update your Personal Information within the Fan App by utilising the Edit Profile function on your ”Profile” page of the Fan App.

 

(b) To find out more about how your Personal Information will be collected and used, please contact Fan by email at support@thefanapponline.com

 

7.    Changes to this Privacy Policy

 

(a) Fan reserves the right to make changes to this Privacy Policy from time to time in accordance with Paragraph 16 of the End User Licence Agreement.

 

(b) You agree that if you do not accept and agree to any amended version of this Privacy Policy that you will cease to access and/or use the Fan App.

 

8.    Severability

 

If any part of this Privacy Policy is or becomes invalid or unenforceable under any applicable law, regulation, rule, of judicial determination, that part of this Privacy Policy shall be interpreted in such a way as is consistent with the relevant law and the remainder of this Privacy Policy shall remain valid and enforceable to the extent permitted by law.

 

9.    Governing Law and Jurisdiction

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This Privacy Policy is to be governed and interpreted in accordance with the laws of the State of Victoria, Australia, or the laws of Australia, as the case may be, and the parties submit to the jurisdiction of the Australian courts in respect of all matters relating to this Privacy Policy.

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