Terms of Use

Welcome to Fandelo!

These Terms of Use (Terms) are binding and govern your use of Fandelo, which is owned and operated by Fandelo Pty Ltd ACN 648 550 190 (“we”, “us”, “our”).

These Terms are to be read together with our Data and Privacy Policy (accessible via www.fandelo.com/privacy). To the extent of any inconsistency between these documents these Terms will prevail.

By signing up to receive the Fandelo Services (defined below) from us, you confirm you accept these Terms and agree to be bound by them.

Duration of the agreement

This agreement and your Fandelo account will continue, on an ongoing basis, unless it ends by:

• mutual agreement; or
• by either you or us unilaterally bringing it to an end including in accordance with the termination rights set out in this agreement, or by operation of law.

Your Fandelo account

To access our Services, you must sign up and create a Fandelo account. To be eligible to use create a Fandelo account,

• you must:
  1. provide us with your age and be at least 13 years old (unless you are an incorporated enterprise, partnership or similar commercial entity) or the minimum legal age in your country to lawfully use Fandelo;
  2. provide us with your first name, last name and a sign up method (e.g. email/Google/ Facebook/Apple details);
  3. not have been convicted of any criminal offence in the last 5 years, unless we consent in writing;
  4. not be prohibited from receiving any aspect of our Services under the laws of the country or state in which you are present at the time that you access the Services;
  5. review and comply with our Terms of Use and Data and Privacy Policy; and
  6. not have previously had your Fandelo account suspended for violation of any law or because you have previously contravened one of our published policies relating to the use of Fandelo.
• Where you have provided us with your identity documents, we may use an external partner or other party to verify your identity as required.
• You acknowledge and agree that all information you provide to us is true, accurate, complete and up to date.
• You are responsible for maintaining the confidentiality and security of your Fandelo account and login details and all activities on or via your Fandelo account and you will take all reasonable steps to prevent your Fandelo account being misused or otherwise used unlawfully to access or use the Services.

The Services

We agree to provide you with the Fandelo Services. The Services include all of the Fandelo products, features, applications, services, information, technologies and software that we provide. The Services is made up of the following:

• Offering personalised opportunities to discover, engage, create, connect and share. We built Fandelo for fans around the world to allow them to follow and engage with their ‘favorites’ in the worlds of sport, music and entertainment. Fandelo provides you with a one-stop-shop to read, view, explore, share and engage with content on, from and about the talent, teams and brands that you care most about. This includes highlighting the favorites, content, media, events, pages, products and services that you are most interested in.
• Connecting you with your favorite talent, teams, brands, products and services. At the core of Fandelo is the ability for you to customise your Fandelo account based on your ‘favorites’. This includes the athletes, musicians, teams, leagues, bands, events and brands from all over the world that you enjoy and love the most. We use data from Fandelo as well as from third-party partners, to show you ads, offers and other sponsored content that we believe will be meaningful to you and to enhance your overall Fandelo experience.
• Providing consistent and seamless experiences across third party products.Fandelo shares technology, systems, insights and information, including the information that we have about you, in order to provide Services that are better, safer and more secure. We also provide ways to engage with content and make purchases through Fandelo using third party vendors, products and programs. We have designed Fandelo to achieve a seamless and consistent experience as you engage with our third-party vendors and products yet are not responsible for the content and media they produce or the products and services they sell.
• Fostering a positive and safe environment.We develop and use tools and offer resources to our community members that help to make their experiences positive and inclusive, including when we think they might need help. We also have teams and systems that work to combat abuse and breaches of our Terms and policies, as well as to counter profanity, bullying, disrespectful or deceptive behaviour. We use all the information we have, including your information, to try to keep our platform safe and secure. We may also share information about misuse or harmful content with Fandelo’s third-party integrators, partners, affiliate companies or law enforcement. Learn more in Fandelo’s Data and Privacy Policy.
• Ensuring access to our Services. To operate our global Services, we must store and transfer data across our systems around the world, including outside of your country of residence. The use of this global infrastructure is necessary and essential to provide our Services. This infrastructure may be owned or operated by Fandelo or its subsidiaries and affiliates.
• Developing and using technologies that help us provide you with the best possible experience. Organising and analysing content and information for the Fandelo userbase is central to our Services. A big part of our Services is creating and using cutting-edge technologies that help us personalise, protect and improve our Services on a large scale for a broad global community. Technologies such as artificial intelligence, active learning and machine learning give us the power to apply complex processes across our Services. Automated technologies also help us to ensure the functionality and integrity of our Services.

How Fandelo is funded

Instead of paying to use Fandelo, by using the Services covered by these Terms, you acknowledge that we may show you ads that businesses and organisations pay us to promote on and off Fandelo. You may also purchase tickets, products and services on Fandelo where we make a commission or other form of economic benefit on each transaction via affiliate relationships or directly via the sale of Fandelo products and services.

Data and Privacy

Providing our Services requires collecting and using your information. We use your personal information, such as information about your activity, preferences, interests and engagement to show you ads and display products that are more relevant to you. We show you relevant and useful ads without telling advertisers who you are. We do not sell your personal data. We allow advertisers to tell us things such as their business goal and the kind of audience they want to see their ads. We then show their ads to people who might be interested. We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off Fandelo. For example, we provide general demographic and interest information to advertisers to help them better understand their audience. We do not share information that directly identifies you (information such as your name that by itself may be used to contact you or identifies who you are) unless you give us specific permission. You may also see branded content on Fandelo posted by ‘favorites’ as Fandelo account holders who promote their content, products or services based on a commercial relationship.

Our Data and Privacy Policy explains more about how we collect, use and share information across Fandelo and its affiliates. It also explains the many ways in which you can control your information, including in the Data and Privacy Policy and account settings. You must also agree to the Data and Privacy Policy to use Fandelo.

How Fandelo must not be used

Providing safe and open Services for a broad community requires that we all contribute to a safe and enjoyable community environment.

To be eligible to use the Services, you must not:

• Engage in abusive, trolling or bullying behaviour. Please share your thoughts and opinion, but do so with respect.
• Engage, whether alone or with others, in any conduct that may defame or harm the reputation of another person or enterprise. Fandelo is a place for passionate fans, but disrespectful or inappropriate behaviour will not be tolerated.
• Use profanity or engage in behaviours that are harmful or deceptive. Our systems and teams will detect this, and you may be banned.
• Spam or solicit other users. You cannot contact other users via your Fandelo account to solicit business.
• Impersonate others or provide inaccurate information. You may not impersonate someone or something you are not, and you must not create a Fandelo account for someone else unless you have their express permission.
• Do anything unlawful, misleading or fraudulent or for an illegal or unauthorised purpose.
• Violate (or help or encourage others to violate) these Terms or our policies.
• Do anything to interfere with or impair the intended operation of the Services. This includes misusing any reporting, dispute or appeals channel, such as by making fraudulent or groundless reports or appeals.
• Attempt to create Fandelo accounts or access, collect, post or share information in unauthorised ways. This includes creating Fandelo accounts or collecting information in an automated way or via the use of bots without our express permission.
• Sell, licence or purchase any Fandelo account or data obtained from us or our Services, unless obtained directly from us. This includes attempts to buy, sell or transfer any aspect of your Fandelo account (including your username); solicit, collect or use login credentials of other users; or request or collect Fandelo usernames, passwords or misappropriate access tokens.
• Post someone else's private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g. copyright infringement, trademark infringement, counterfeit or pirated goods). You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent that you own or have obtained all necessary rights to the content you post or share.
• Modify, translate, create derivative works of or reverse engineer our products or their components.
• Repurpose any of Fandelo’s original content or the content of third-party partners without our or their express permission.
• Use a domain name or URL in your username without our prior written consent.

Permissions you give to us

As part of our agreement, you give us the permissions we require to enable us to provide the Services.

• We do not claim ownership of your user generated content, but you grant us a licence to use it. Acceptance of the Terms does not alter your rights to your content. We do not claim ownership of the content that you post on or through the Services and you are free to share your content with anyone else, wherever you choose. However, we need certain legal permissions from you (known as a "licence") to provide the Services. When you share, post or upload content that is covered by intellectual property rights (such as photos or videos) on or in connection with our Services, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content. This licence will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your Fandelo account. Deleted personal information is only kept for 7 days.
• Permission to use your username, profile picture and information about your preferences and actions with accounts, ads, sponsored content and partner products and services. You give us permission to show your username, profile picture and information about your actions (such as likes) or preferences (such as follows and those provided during the onboarding process and stored in your profile) next to or in connection with accounts, ads, offers and other sponsored content that you follow or engage with that are displayed on Fandelo without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Fandelo. As with actions on other content, follows of favorites, actions on sponsored content and engagement with sponsored content can be seen only by people who have permission to see that content, follow or data.
• You agree that we can download and install updates to the Services on your device.

Additional rights we retain

• If you use content covered by intellectual property rights (including all rights, whether registered or unregistered, in the Intellectual Property (defined below)) that we have and make available in our Services (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
• You must only use our intellectual property (including all copyright, trade marks, domain names, designs and confidential information) (“Intellectual Property”) as expressly permitted by us with our prior written permission.
• You must obtain written permission from us to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.

Content removal and disabling or terminating your Fandelo account

• We may, at our discretion, remove any content or information that you share on the Services if we believe that it violates these Terms, our policies or we are permitted or required to do so by law. We may refuse to provide or stop providing all or part of the Services to you (including terminating or disabling your Fandelo account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law.
• We may also terminate or change the Services, remove or block content or information shared on our Services or stop providing all or part of the Services if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If we take action to disable or terminate your Fandelo account, we will notify you where appropriate. If you believe that your Fandelo account has been terminated in error, or you want to disable or permanently delete your Fandelo account, you may contact us at support@fandelo.com.
• Content that is deleted may persist for a limited period of time in backup copies and may still be visible to others on our Services. This paragraph, and the section below called "Our agreement and what happens if we disagree", will still apply even after your Fandelo account is terminated or deleted.

Our agreement and what happens if we disagree

Our agreement

• Your use of music on the Services is also subject to our music and audio guidelines as follows:
1. You are responsible for the content you post.
2. People use our products primarily to view and engage with content provided by favorites and third-party providers. Should you upload or engage with content on Fandelo, you remain solely responsible for the content that you post, including any music that features in that content. Nothing in these Terms constitutes any authorisation by us with respect to any use of music on Fandelo.
3. Use of music or audio for commercial or non-personal purposes in particular is prohibited unless you have obtained the appropriate licenses.
4. Users are subject to the terms of third-party music streaming partners, including Spotify.
5. Unauthorised content may be removed.
6. If you post content that contains music owned by someone else, your content may be blocked, or may be reviewed by the applicable rights owner and removed if your use of that music is not properly authorised.
7. You may not be able to post or access videos containing music in every country of the world.
• If you use certain other API, Fandelo features or related services, additional terms will be made available and will also become a part of our agreement. For example, if you use payment features, you will be asked to agree to Fandelo’s forthcoming Shop Policy. If there are any inconsistencies between those terms and the Terms, those other terms will govern to the extent of those inconsistencies. All current payment associated with ticketing is processed by third-party affiliate partners and you are bound by their terms and policies.
• If any aspect of this agreement is void, illegal or unenforceable it will not affect the validity, legality or enforceability of the balance of the document.
• Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
• We reserve all rights not expressly granted to you under these Terms.

Who has rights under this agreement

• This agreement does not give rights to any third-parties.
• You cannot transfer your rights or obligations under this agreement without our consent.
• Our rights and obligations may be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition or sale of assets) or by law.

Who is responsible if something happens

• Our Services are provided “as is”, and we cannot guarantee that they will be safe and secure or will work perfectly all the time. To the extent permitted by law, we also disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
• We also do not control what people and others do or say, and we are not responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content).
• We are not responsible for services and features offered by third-parties, other people or other companies, even if you access them through our Services.
• Our responsibility for anything that happens on the Services (also called “liability”) is limited to the fullest extent permissible by law. If there is an issue with our Services, we cannot know what all the possible impacts might be. You acknowledge and agree that we will not be liable for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these Terms, even if we know that they are possible. This includes if we delete your content, information or account.

How we will handle disputes

If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action or dispute that you have against us that arises out of or relates to these Terms (“claim”), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim.

In all other cases, you agree that the claim must be resolved exclusively in Victoria, Australia, that you submit to the jurisdiction of these courts for the purpose of litigating any such claim, and that the laws of Victoria, Australia will govern these Terms and any claim, without regard to conflict of law provisions.

Without prejudice to the foregoing, you agree that, in its sole discretion, Fandelo may also bring any claim that we have against you related to efforts to abuse, interfere or engage with our Services and products in unauthorised ways in the country in which you reside that has jurisdiction over the claim.

Termination by you

You may terminate this agreement immediately by deletion of your Fandelo account.

Termination by us

We may immediately suspend your Fandelo account if you breach this agreement including any of our policies.

We may terminate this agreement and delete your Fandelo account for any reason on 30 days’ notice to you.

We may terminate this agreement and delete your Fandelo account immediately by providing written notice to you if you:

• breach this agreement and the breach is not capable of remedy;
• you become insolvent, bankrupt or enter into liquidation; or
• you engage in any fraudulent, wilful, reckless or malicious conduct or fail to comply with any of our policies that we publish from time to time or any laws applicable to your use of Fandelo.

A notice of termination of this agreement can be given by any means including by SMS or email.

Consequences of termination

If your Fandelo account is terminated for any reason, your profile, posts and everything else you’ve added will be permanently deleted. Please be aware that it may take us up to 90 days to delete the relevant content.

In the following situations, content may not be deleted within 90 days of the account deletion:

• where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible;
• where immediate deletion would restrict our ability to:
  1. investigate or identify illegal activity or breaches of our Terms and policies; protect the safety, integrity and security of our Services, our employees and our users, and to defend us; or
  2. comply with legal obligations; or
  3. comply with a request of a judicial or administrative authority, law enforcement or a government agency.

Unsolicited material

We may use feedback or other suggestions provided by you without any restrictions or obligation to compensate you for them. Further, we are under no obligation to keep such feedback or suggestions confidential.

Updating these Terms

From time to time, we may change our Services, Terms and Policies. To ensure the most up to date versions of our Services, Terms and Policies are accurately reflected, we may need to make consequential changes to these Terms from time to time.

Unless otherwise required by law, you acknowledge and agree that we may amend this agreement by posting an updated version of the agreement to the Fandelo website. Such amendments will be binding on you at the time the updated agreement is posted on the Fandelo website or such other time notified to you by us. If any amendment to this agreement detrimentally affects your rights or obligations, we will provide you with written notice at least 30 days before such amendments are to take effect. If you do not agree to any detrimental amendment to this agreement, you may terminate this agreement immediately by providing written notice to us prior to the expiry of that 30-day period upon receipt of which your account will promptly be rendered inaccessible.

Assignment

You may not assign or licence your rights and/or obligations under this agreement. We may assign our rights and/or obligations under this agreement, in our sole discretion.

Invalid terms

If any term or provision of this agreement is held by a court to be void, illegal or unenforceable under the applicable law that term or provision will be severed from this agreement and the remaining terms and conditions will be unaffected.

Consumer law rights

This agreement does not modify, restrict or exclude any additional rights you may have under additional laws whether in the country in which you are accessing the Services or under the Australian Consumer Law that cannot be so modified, excluded or restricted.