WEBSITE TERMS AND CONDITIONS OF USE

Welcome to our App.

Who are We and who You are:

In these terms and conditions of use, the following words shall have the following meaning:

Agreement means the Terms, Privacy Policy, and Cookie Policy;

Company means to FanzFirst Limited with its registered office at the Jack Doyle Suite, Lawlor’s Hotel, Naas, Co. Kildare, Ireland;

Content means any text, logo, branding, images, video, audio or other multimedia content, software or other information or material submitted to or on the Service;

Cookie Policy means the policy , which governs how we use cookies;

Data means the meaning attributed to it by the Data Protection Acts 1988 to 2003;

Fan means a person who has registered to use the App or who is browsing the Service in any way;

Influencer refers to our celebrity partners who authorise us by exclusive agreement to use their intellectual property to provide you with the Service as outlined in more detail below;

Intellectual Property means all trademarks, trade names, service marks, rights (registered or unregistered) in any designs, applications for any of the foregoing; trade or business names; innovations, inventions whether or not capable of protection by patent or registration, registered design and topography rights; know-how, including data specifications, drawings and instructions; secret formulae and processes; rights protecting goodwill and reputation; database rights and rights under licences and consents in relation to such things, rights in the nature of unfair competition rights, and rights to sue for passing off and all rights or forms of protection of a similar nature to any of the foregoing or having equivalent effect anywhere in the world; copyright, trademarks and other intellectual property rights in and relating to the Service;

Privacy Policy means the policy, which governs how we process any personal data collected from you;

Minor means anybody under 18 years of age;

Partner means any person, retailer or brand, service provider, trader, product provider or other party who has agreed to sell their merchandise, goods, products or services through the Service;

Service means the Website, Application, and Social Media accounts owned, operated and controlled by the Company for the purpose of promoting our Partners’ products online and providing Fans with discounted rates on merchandise;

Supplier means the provider of any service to the Company including but not limited to providers of services for the proper running of the Service including inter alia hosting, maintenance, software development, design, programming, web services and Content creation;

Terms means these terms and conditions of use but including our Privacy Policy and our Cookies Policy;

You, Your or User equates to Fan and means the user or viewer of the Service;

The Service is operated by us under licence from our Influencers in relation to any Intellectual Property which we do not own.  Please see part 4 below governing the use of intellectual property.

For the avoidance of any doubt the Influencer, in this case, Sunderland Athletic Football Club is not party to any transaction on the Service is not a Data Controller for the purposes of the Data Protection Acts or the General Data Protection Regulations and does not have any role in the ownership or operation of the Service save for the granting of a licence for the use of their intellectual property by us.

1.0 Introduction:

1.1       The Service and any related online presence is owned, operated and controlled solely by the Company.

1.2       The Service is primarily hosted in Ireland; however some of your Data may be hosted in other jurisdictions.  To find out more about where we host your Data and what we do with it please see our Privacy Policy .

1.3       Whether you’re a Fan, a Partner, a Supplier or another user of the Service, access to or use of the Service is subject to you accepting these Terms.

1.4       Our Agreement with you consists of the Terms, the Privacy Policy and the Cookie Policy all of which you should read carefully before you start to use the Service. Prior to using the Service you will be required to explicitly agree to your acceptance of the Agreement.

1.5       If you are not happy with any of the terms of the Agreement please do not proceed to use the Service.  By proceeding you are acknowledging that you are agreeing to all aspects of the Agreement.

1.6       The Service is operated by us under licence in relation to any Intellectual Property which we do not owned by the Company, same is licenced to us solely for the purposes of providing the Service.  Please see part 4 below governing the use of intellectual property.

2.0       Your consent:

2.1       Before using the Service you have already confirmed that you acknowledge and agree with our Cookie Policy.  You can review that here.  The reason that we use your Data is to help us to fulfil orders, get better discounts for you on many of your favourite brands and to provide you with a better experience whilst using the Service.

2.2       If you do not wish to allow us to use your Data in the manner specified in the Agreement you can withdraw your consent at any time by withdrawing from the use of the Service and deregistering, ceasing to use the Website or deleting the App (if relevant).

2.3       Unless you do so and if you continue to use the Service it is agreed by you that your consent has been freely and willingly granted in respect of the use of your Data as set out herein or when you registered and anywhere else in the Agreement.  By registering and thereafter by accessing and using the Service, you also confirm that you have read, understand and accept the Terms and that you agree to abide by them each time you access and use the Service.  If you do not agree do not use the Service.

2.4       We reserve the right at any time to modify or amend the Agreement and/or any part thereof.

3.0       Access, age and responsibility:

3.1       The Service is not intended to be used by anyone under 18 years of age.  Subject to the consent of their parent or guardian, a Minor may use the Service.  However, the parent or guardian, by permitting the use of the Service is responsible for the Minor’s compliance with the Agreement.  We advise parents or guardians who permit Minors to use the Service that it is important that they communicate with Minors about their safety online, as vetting of the Content or that of our Partners is not guaranteed or fool-proof and has not been done with minors in mind and that some of the Partners or offerings on the Service may not be suitable for Minors or it may be illegal for Minors to access them.

3.2       You are also responsible for ensuring that all persons who access the Service through your internet connection, or the use of the App as downloaded by you are aware of this Agreement, and that they comply with it.

3.3       We seek to make the Service as accessible as possible for people with any sort of disability.  If you have any difficulties using the Service, please contact us at accessability@fanzfirst.com.

3.4       We may prevent or suspend your access to the Service if you do not comply with any part of the Agreement or any applicable law.

4.0       Ownership, use and intellectual property rights:

4.1       The Service and all intellectual property rights in it including but not limited to any Content, is owned by us, our licensors or both.  All Intellectual Property is solely owned by the Company or our Suppliers and Partners.  All such rights are reserved.  The Service (including, but not limited to, text, images, photographs, graphics, video and audio Content) is protected by copyright as works, databases, collective works and/or compilations under the copyright laws of Ireland, Northern Ireland and other countries.  You acknowledge that the Service and any underlying technology or software used in connection with the Service contains our proprietary information.  You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Service, in whole or in part except as expressly provided.

4.2       Nothing in the Terms grants you any legal rights in the Service other than as necessary to enable you to access the Service and to use it in accordance with the Terms.  You agree not to adjust, modify, edit or to try to circumvent or delete any notices contained on the Service (including any Intellectual Property notices) and in particular in any digital rights, security features or other security technology embedded or contained within the Service.

4.3       You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the Intellectual Property.  All trademarks, product names and company logos cited herein are the property of their respective owners.

4.4       All product or service names mentioned on the Service are the trademarks of their respective owners, and other trademarks may be displayed on the Service from time to time.  Some material on the Service may contain other information containing intellectual property of a third party.  Nothing displayed on the Service should be construed as granting you any licence or right of use of any logo, information or trade mark displayed on it, without the express written permission of the relevant owner.

4.5       Our status (and that of any Partners or third parties identified on the Service) as the authors of material on the Service must always be acknowledged by you.

4.6       If you attempt to use, copy or download any part of the Service in breach of the Agreement, your right to use the Service will cease immediately and you must, at our option, return or destroy any copies of the materials that you have made.

4.7       For the avoidance of any doubt, the Service is operated by us on foot of an agreement between us and the Influencer.  The Influencer is neither an owner nor an operator of the Service and plays no part whatsoever in the management or operation of the Company or the Service.  As such the Influencer is not a Data Controller for the purposes of Data Protection legislation nor is it in any way privy to any contractual arrangements or obligations with you.

5.0       Submitting information to Us:

5.1       While we try to make sure that the Service is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.  For that reason, you should not let us have any patentable ideas, business ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable.

5.2       We may use any submissions made by you (if any) as we see fit on a free-of-charge basis.  Therefore, we will not be legally responsible for keeping any submissions confidential nor will we be legally responsible to you or anybody else for any use of such submissions.  Any communication which you post or transmit to the Service by any means whatsoever shall be treated as non-confidential and non-proprietary.

5.3       Commercial exploitation of the Service is strictly prohibited and we may suspend or terminate any access and take such other steps as we deem appropriate in the event of same. Additionally, distribution of the offers and promotions from this Service to non-eligible persons is strictly prohibited.

5.4       We reserve the right to prevent further access by you to the Service for transmission or posting communications to the Service, which we in our absolute discretion deem to be in breach of the Terms.

6.0       Accuracy of information and availability of the Service:

6.1       While we try to make sure that the Service is accurate, up-to-date and free from bugs, malware or spyware we cannot promise or guarantee that it will be.  Furthermore, we cannot promise that the Service will be fit or suitable for any purpose.  Any reliance that you may place on the information on the Service is at your own risk.  We may suspend or terminate operation of the Service at any time as we see fit.  Content is provided for your general information purposes only and to inform you about us and our products features, services and other Services that may be of interest.  It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

6.2       While we try to make sure that the Service is available for your use, we do not promise that the Service is available at all times nor do we promise the uninterrupted use by you of the Service.

6.3       The Service may contain inaccuracies or typographical errors.  The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the content of the Service or about the results to be obtained from using the Service.

7.0       Hyperlinks and third-party services:

7.1       The Service may contain links to other services or apps.  The display of any hyperlink and reference to any third-party service does not mean that we endorse that third party’s products or services.  These Links may cause you to leave the Service and enter other services or apps over which we have no control.  Your use of any link to or use of a third-party service will be governed by the terms and conditions of that third-party.  We are not responsible for the privacy practices or the content of such services and make no representation or warranty in relation to, and disclaim any liability in respect of, same.  These services are not under our control and the Company is not responsible for them, the contents therein or any link contained in such a service or app or for any changes or updates to such sites.

7.2       Further, where the Service contains links to other services and resources provided by banner advertisers, advertisers using the Service or other third parties (if any), these links are provided for your information only.  Once again, we have no control over the contents of those traders, services or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you link to any such services you leave the Service and do so entirely at your own risk.

7.3       If you wish to make any use of material on the Service other than in the manner set out in the Agreement, including as set out above please contact us.  We reserve the right to withdraw permission without notice.  The Service (in whole or in part) must not be framed on any other service, web site or online presence or in any other way altered or displayed in a different manner without our express written consent.

8.0       Limitation on our liability:

8.1       We shall not be liable for any damage, whether direct, indirect, incidental, special or consequential relating to your engagement with the Service.  Under no conditions and in no event shall the Company be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising (including but not limited to negligence or breach of this Agreement or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of the Company.

8.2       The Company does not accept any liability for any losses or claims arising from any inability to access the Service.

8.3       You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Service and for keeping your password and other account details confidential.

8.4       The Content and other material displayed on the Service is provided without any guarantees, conditions or warranties as to its accuracy.  To the extent permitted by law, we expressly exclude:

  • all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  • any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the Service or in connection with the use, inability to use, or results of the use of the Service any services linked to it and any materials posted on it, including, without limitation any liability for loss of income or revenue, loss of business, loss of reputation, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

8.5       We shall not be liable for any failure to perform any of our obligations under the Agreement caused by matters beyond our reasonable control.  Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content on the Service.

8.6       Although we make  reasonable endeavours to ensure that the Service is free from viruses and defects, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, malicious or impairing computer programs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, or on any Service linked to it.

8.7       We do not guarantee the security of the online services or any systems connected with the use of the Service (including the internet and your hardware and software) used in accessing the services, or any information passed through such systems. We do not guarantee access to the Service or any systems used in accessing our services will be continuous or virus or error free or free from anything else that has contaminating properties.

8.8       Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.  No advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in the Agreement.

8.9       The presence of content on the Service which refers to any products, processes or services by trade name, trademark, manufacturer or otherwise, does not constitute or imply its endorsement, recommendation or validation by us.  We have not independently verified the accuracy of any description of any goods or services advertised on Partners’ sites or on the Service.

8.10     This Agreement does not prejudice the statutory rights, which you may enjoy if you are dealing as a consumer within the meaning of Irish law in particular in relation to your rights under Statutory Instrument No. 484 of 2013 European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 which implements Directive 2011/83/EU on consumer rights into Irish law.

8.11     If your use of the Service results in the need for servicing or replacing equipment or data, the Company is not responsible for those costs.

8.12     The Company does not warrant that the use of the Service by you will not infringe third-party rights.

8.13     In no event shall the Company, its Partners and Suppliers or any third parties mentioned on the Service or connected to the Service or the Company be liable for any damages whatsoever (including, without limitation, incidental, special and consequential damages, lost profits, lost goodwill or damages resulting from lost data or business interruption) resulting from the use or inability to use the Service or arising from the use, repair, service or maintenance of any equipment, whether based on statute, contract, tort, or any other legal cause, and whether or not the Company is advised of the possibility of such damages.

9.0       Partners:

9.1       Transactions processed through the Service such as in the purchase of products and services are provided and fulfilled by our Partners.  We are not privy to these contractual agreements (and neither are our Influencers) and as such it is important that before entering into any transaction you are satisfied that you have reviewed terms and conditions of our Partners.

9.2       IMPORTANT: Any transaction which is entered into by You via the Service for the purchase of products or services, is merely facilitated by the Company in providing the Service. .  The agreement and obligations relating to that transaction and arising from your use of the Service, are solely between you and the Partner.  We are not responsible for the supply of products or services sold by Partners.  Any issues you experience with the nature of the goods / services provided to you, is a matter between you and the Partner.  For the avoidance of any doubt, we do not make any representation that Partners listed or advertised on the Service or by extension that the goods and / or services that Partners list or advertise on their respective sites are appropriate or suitable for use or that they comply with the legal or regulatory requirements of any location and we both exclude and disclaim any representation or warranty in respect of same or any liability, responsibility or obligation as to same.

9.3       We do not warrant the quality, skill or capability of any Partner to deliver any product and the Company shall not be held responsible or liable for poor performance of a Partner, late delivery or missing product to the failure of a Partner.  Where you make a purchase from one of our Partners, products should be shipped directly to you from them.  We do not see or handle products or merchandise of any sort and have no control or interest in the customer end to end process.

9.4       We reserve the right to remove a Partner’s posting, products or listings from the Service at any time at the sole discretion of the Company.

9.5       Every purchase you make from a Partner will be subject to the terms and conditions imposed by the Partner and / or any other companies, firms or persons concerned with the delivery of such products and as such any claim with respect to such matters must be made against the appropriate party.  A Partner may agree to replace or repair an item at their absolute discretion but for the avoidance of doubt the Company will play no role whatsoever in these transactions or any subsequent discussions.

9.6       The Company does not accept any responsibility for any liability, damages, losses, claims (including legal fees) resulting in any way from your use of a Partner’s service resulting in a loss to any third-party whether such loss is attributed to you or to any other person through their account as a result of intent, negligence, recklessness or inactivity or otherwise.

9.7       While many of our Partners are based in the EU and subject to the Distance Selling Rules some of our Partners are based outside of the EU and therefore may not be so regulated and as such in relation to any of the purchases you make you should ensure that you are satisfied with the terms and conditions of those specific Partners which may contain onerous or unusual conditions which you will be bound by in transacting with them.

9.8       We do understand there may be times when you do not receive the service you expect.  Where this may be the case we invite you to contact us as this will assist us in selecting appropriate Partners for the Service in future.  This does not mean that we are obliged to intervene in any way in a dispute between you and a Partner nor does it mean that we accept any liability to you for underperformance by a Partner.

10.0     Indemnity and waiver:

10.1     You hereby agree to indemnify and keep indemnified the Company, its parent, subsidiaries, its successors and assigns and each of its respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable accountancy and legal fees) resulting in any way from your access to or use of the Service or resulting from any breach of this Agreement whether such breach is carried out by you or by any other person through your account, arises out of your data, your use of the Service, your connection to the Service or your violation of any third party rights or the infringement by you, or any third party using your user identification name or password, of any intellectual property or other right of any person or entity.

10.2     In particular any interaction between you and our Partners is a matter between you and them and you agree to keep us indemnified from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting from or arising out of your use of our Partners’ sites.

10.3     Furthermore, you hereby acknowledge that any material downloaded or otherwise obtained through the use of the Service or from our Partners’ services is done at your own discretion and risk and that you waive any right to bring any claim or action against the Company or its successors, assigns, directors, officers, employees and agents for any loss, damage or injury arising from use of the Service or our Partners’ services as a result of engaging the services of the Service.

11.0     Rights of third parties:

11.1     No one other than a party to these Terms has any right to enforce any of these Terms.

12.0     Variation:

12.1     These Terms are dated 2nd November 2017.  No changes to these Terms are valid or have any effect unless agreed by us in writing.  We reserve the right to vary these Terms from time to time.  Updated Terms will be displayed on the Service and by continuing to use and access the Service following such changes, you agree to be bound by any variation made by us.  It is your responsibility to check these Terms from time to time to verify such variations save for any amendments to your Data rights which will be explicitly displayed.

13.0     Assignment:

13.1     The Company reserves the right to assign or subcontract any or all of its rights and obligations under this Agreement to a third-party at any time, at our sole discretion.  You may not, without our prior written consent, assign or dispose of any of your rights or obligations arising under the Agreement.

13.2     The Agreement contains the entire agreement and understanding between the parties relating to the Service, and supersedes any and all prior agreements, arrangements, statements and understandings, except for any fraud or fraudulent representation by either you or us.  In the event of any inconsistency between the Privacy Policy, the Cookies Policy and these Terms, then these Terms take priority.

14.0     Modifications to the Service:

14.1     The Company reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Service (or a part thereof) with or without notice.  You agree that the Company shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Service.

15.0     Eligibility requirements:

15.1     The Service and any special offers sourced via it are provided solely for the use of Fans.  A Partner may seek proof of your eligibility as a Fan to provide you with a special offer, discount or service.  No cash alternative to offerings are available, nor are offers / promotions transferable, save as may be permitted by our Partners in their sole discretion.  You must remain a Fan and not be in breach of any of the terms of the Agreement to avail of these promotional offers and discounts.

16.0     Complaints or disputes:

16.1     If you have any concerns about material which appears on the Service or if you believe that Content posted on the Service breaches the Agreement or is in any other way objectionable, please notify us by email to privacy@fanzfirst.com specifying the full details of your concern or complaint, specifying the reasons for your concern or complaint making clear reference to any such Content.

16.2     If you do not provide us with sufficient information, we may be unable to process your complaint.  We reserve the right to investigate your complaint and we will determine, in our discretion, what action (if any) to take.  We will make all reasonable endeavours to respond to complaints received as soon as possible.

17.0     Force Majeure:

17.1     The Company shall not be liable to you as a result of any delay or failure to perform its obligations under these Terms if and to the extent such delay or failure is caused by an event beyond the Company’s reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.

18.0     Notices:

18.1     In the course of providing you services and in respect of your use of the Service, we may need to communicate with you via email or any other contact details that you have submitted to us (if any).  You agree to receive emails which are necessary for the normal functioning of the Service, including emails which help inform users about functionality.  Notices given by the Company to you may be given by e-mail or by general posting on the Service or any associated Service.

19.0     Waiver:

19.1     A waiver by the Company of any breach by any user of any of the Agreement or the acquiescence of the Company to any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term, provision or condition or of any subsequent act contrary thereto.  A failure to exercise or delay in exercising a right or remedy provided by the Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.  No single or partial exercise of a right or remedy provided by the Agreement or by law prevents further exercise of that right or remedy or the exercise of another right or remedy.

20.0     Severability:

20.1     If any provision of these Terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

21.0     Locations and governing law:

21.1     The Service is controlled and operated by the Company from its location in Ireland.  The Company makes no representation that the Content is appropriate or available for use in other locations.  Users who choose to access the Service in or from other locations do so on their own initiative and are responsible for compliance with local laws.  Access to the Service from locations where the contents of the materials or the services or goods advertised on the Service are illegal is prohibited.  If you access the Service you do so on your own initiative and at your own risk and you are responsible for compliance with the applicable laws and regulations of the location in which you access the Service.

21.2     The Agreement shall be governed by, and construed in accordance with Irish law and any dispute which may arise out of or in connection with the Agreement or the legal relationship established by them, shall be subject to the exclusive jurisdiction of the Irish Courts, although we retain the right to bring proceedings against you for breach of the Agreement in your country of residence or any relevant country.  The rights and remedies contained in the Agreement are cumulative and not exclusive of rights or remedies provided by law.

21.3     Without prejudice to the foregoing, the Company may seek provisional or protective relief in the courts of another State prior to, during or after any substantive proceedings have been instituted in Ireland and the Company may bring enforcement proceedings in another state on foot of an Irish judgement.

22.0     Data Protection and Privacy Policy:

22.1     It is our policy to respect the privacy of our users.  In the course of our dealings we are likely to acquire personal data and information about you.  We will not monitor, edit or disclose any personal information about you without your prior consent save for in accordance with our Privacy Policy.  In this regard, the Company undertakes to only use your Data in accordance with the conditions set out in the Terms and in particular in our Privacy Policy however, we reserve the right to and you hereby agree to allow us to disclose any information about you to law enforcement, government officials or to any court or court officials or regulatory authority as we in our sole discretion believe necessary or appropriate.

22.2     We do not sell or knowingly pass any personal information from your account to any third party, except information which is required to provide the service between you and our Partners and Suppliers.  If you feel that your information has been compromised in any way, please report it immediately to us at privacy@fanzfirst.ie.

22.3     Nothing in this Agreement relating to the confidentiality of information shall prevent or hinder the Company from complying with its legal obligations under the Data Protection Act 1988 as amended or the General Data Protection Regulations.  We respect your right to privacy and we comply with our obligations under the Data Protection Acts 1988 and 2003, as amended.  Please see our Privacy Policy and Cookies Policy.  The purpose of the Privacy Policy is to outline how we deal with any personal data you provide to us while visiting the Service, and it forms part of the Agreement.  If you are not happy with the Privacy Policy you should not use the Service.  We reiterate that any external links to other Services are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other Services.

22.4     Your Data will not be shared with any third parties, save as necessary for the implementation and provision of the benefits offered by this service.  Redemption or transactional information may be shared with us by our Partners, Suppliers and other relevant parties only.

22.5     For the avoidance of any doubt the Influencer has no involvement whatsoever in the operation of the Service and as such never has any interaction with your Data.  No Data is ever shared with the Influencer and the Influencer is neither a Data Controller nor a Data Processor for the purposes of Data Protection legislation.

23.0     Security:

23.1     The Service has security measures in place to protect you and others as you use the service.  Please remember that‚ because of the nature of the internet‚ the security of information cannot be guaranteed.  Please see our Privacy Policy for more detail.

24.0     Restrictions on right to use:

24.1     You agree that you shall not (and you agree not to allow any third party to):

  • modify, adapt, translate, or reverse engineer any portion of the Service;
  • remove any copyright, trade mark or other proprietary rights notices contained in or on the Service or in or on any content or other material obtained via the Service;
  • use any robot, spider, Service search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
  • access, retrieve or index any portion of the Service for purposes of constructing or populating any database;
  • reformat or frame any portion of any web pages that are part of the Service;
  • create user accounts by automated means or under false or fraudulent pretences or create multiple log-ins;
  • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
  • use the Service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
  • copy or store any content offered on the Service for any use other than your own;
  • use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • use the Service, intentionally or unintentionally, to violate any applicable law;
  • impersonate any person or entity;
  • attempt to gain unauthorised access to the Service, its facilities and/or services or any accounts, computer systems and networks connected to the Service, its facilities and/or services through hacking, password miming or any other means;
  • post or use any material that is obscene, defamatory, seditious, indecent, offensive, incite racial hatred or incite a crime, be naming or scandalous or inappropriate;
  • harvest or otherwise collect by any means any programme material or information from the Service unless authorised under the Agreement or to monitor, mirror or copy any content of the Service without our prior written consent;
  • identify or speculate as to the identity of any anonymous or pseudonymous user; or
  • solicit passwords or personally identifying information for commercial or unlawful purposes.

24.2     We reserve the absolute right at our sole discretion, without being obliged to give any reason, to reject, amend or remove any content posted or submitted by you at any time and without notice to you. We reserve the right to monitor and to review all content submitted to us, accessed on or published on the Service at any time.

25.0     Consequences for failure to comply with the Agreement:

25.1     Failure by you to comply with the Agreement may result in our taking all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use the Service;
  • suspension, restriction or limitation of any rights or permissions associated with a Fan;
  • take legal proceedings against you for reimbursement of all costs on a full indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • other legal action against you; and/or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

25.2     We exclude liability for actions taken in response to breaches of the Agreement and restrictions of use.  The responses described in the Agreement are not limited, and we may take any other action we reasonably deem appropriate.

26.0     Registration of accounts, usernames and passwords, deactivating accounts:

26.1     We reserve the right to log-off or deactivate accounts that are inactive for an extended period of time.  You are responsible for all actions taken under your account and you agree only to use or utilise the App using your own username and password.  You must make reasonable efforts to keep your password safe and not disclose it to any other person or permit either directly or indirectly any other person to utilise your username or password.  We reserve the right to terminate your registration without prior notice at our sole discretion.

26.2     You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password.

26.3     We will not be liable for any loss that you may incur as a result of someone else using or accessing your password or account, either with or without your knowledge.

26.4     You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing your password or account.

27.0     Deleting or deactivating accounts:

27.1     Except as required in accordance with the Data Protection Acts 1988 and 2003, we do not delete accounts.  However, where you request us to do so we will delete (deactivate) your account.

27.2     Subject to the terms of the Agreement, you may reactivate your account.

27.3     To deactivate your account, please email privacy@fanzfirst.com from the email address with which you registered.

27.4     We have the right to temporarily or permanently disable, suspend or restrict without limitation any password, username, mobile phone number, IP address or other method that we may allow to be used on the App from time to time to identify users (whether chosen by you or allocated by us), at any time, at our discretion, including if, in our opinion, you have failed to comply with any of the provisions of the Agreement.

27.5     You may not: (i) enter, select, submit or use a false name or an email address owned or controlled by another person with the intent to impersonate that person; (ii) use another Fan’s registration details without appropriate authorisations or rights; or (iii) use or submit a mobile phone number or email to us in respect of which you are not the registered owner, bill-payer and or account holder.

27.6     We reserve the right in our sole discretion to refuse registration of, suspend or cancel your use or access rights to the App without notice.

27.7     You shall be responsible for maintaining the confidentiality of your registration details and are fully responsible for all activities that occur using your registration in connection with the Agreement.  You agree to immediately notify us of any unauthorised use of your account as registered on the App or submitted to us by you, or any other related breach of security.  We will not be liable for any loss or damage arising from your failure to comply with this provision.

27.8     As a condition of your access and use of the App, you warrant to us that you have the right, authority and capacity to enter into and be bound by the Agreement.

27.9     You understand that, except for information, products or services clearly identified as being supplied by us (if any), we do not operate, control or endorse any information, products or services on the Internet in any way.  Except where identified otherwise, all information, products and services offered through the App or on the Internet generally are offered by third parties that are not affiliated with us.  You also understand that we do not guarantee or warrant that files available for downloading through the App will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the App for the reconstruction of any lost data.

27.10   Access to the App is permitted on a temporary basis, and we reserve the right to at any time and without liability to withdraw, suspend or amend any aspect or feature of the App without notice or liability.

28.0     Using the Service to purchase goods or services:

28.1     The following terms and conditions relate specifically to the purchase of products or services using the Service.  Purchase means the buying of a product or service using the Service in accordance with the Terms.

28.2     All Purchases are shipped directly to you from our Partners.  We do not see or handle any Purchase at any time and we rely entirely on our Partners to ensure that you receive the Purchase in the manner you expected.  If that is not the case you should engage with the Partner as per their terms and conditions of sale.  We do not warrant the quality, skill or capability of any Partner to deliver a Purchase and the Company shall not be held responsible or liable for poor performance of a Partner, late delivery or missing product due to the failure of a Partner.

28.3     We will not under any circumstances be responsible for any expense, distress, disappointment, loss, damage, injury, accident, delay, inconvenience, or irregularity resulting from or attributable to an act or default of any Partner, company, firm or persons in connection with a Purchase by you from a Partner.

28.4     Every Purchase is accepted subject to the conditions imposed by the Partners and other companies, firms or persons concerned with the delivery of the Purchase and as such any claim with respect to such matters must be made against the appropriate party.

28.5     When you place your order with us this is an offer to buy the product(s) and / or service(s) in your order (“the Order”).  When you place an order, we or our Partners will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”).  No contract shall exist between you and the Company for the sale by the Company to you of any product, merchandise or service.  Any order if accepted shall constitute a contract between you and the Partner who is responsible for the fulfilment of that order.  The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) or the service(s) ordered.  Your offer is only accepted by us or our Partners, and the contract of sale concluded, when our Partners dispatch the product to you and send you an e-mail confirming to you that the product has been dispatched to you (the “Dispatch Confirmation”).  If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between you and a Partner for the product(s) specified in that Dispatch Confirmation.  Your contract is with whichever Partner that the Dispatch Confirmation email identifies to be the Partner supplying the product and or service.  You can cancel your order at no cost any time before the sending of the Dispatch Confirmation relating to that order.  This right to cancel does not apply to certain categories of products and services, including digital products or software which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun.  Any contract will be deemed to have been concluded in Ireland and will be interpreted, construed and enforced in accordance with the Laws of Ireland including the Distance Selling rules unless otherwise stated.

28.6     Images or Media clips used by us are for display and illustrative purposes only and while care is taken to display items in a manner which properly reflects their colour and characteristics we cannot guarantee that the items will look similar in every resolution or computer, phone or tablet.  The actual Purchase you receive may differ slightly in colour tone from that which is displayed on the Service.  We and our Partners also attempt to be as accurate as possible in describing items.  Each item is sold subject to its individual description which may set out additional specific terms and conditions related to that item including without limitation terms and conditions concerning estimated delivery times.  As per part 9 above Purchases are delivered to you by our Partners and we do not accept any liability in relation to same.  The Company does not accept responsibility for inaccurate content and/or safety instructions, which are included on any products supplied.

28.7     If your Purchase is flawed or differs materially from that described on the Service you will normally be entitled to return that Purchase within 28 days to receive a full refund however you should check the terms and conditions specific to the Partner prior to purchasing to confirm this.  This does not affect your statutory rights.

28.8     While every effort is made to ensure the availability of products and to fulfil Purchases, the Company or its Partners cannot guarantee the availability of any item displayed on the Service.  The Company and Partners reserve the right to discontinue the sale of any product, good or service listed on the Service at any time without notice.  Given the significant volume of items available on the Service we cannot confirm the Terms and Conditions specific to each product and Purchase until your order is received and complete.  This does not affect your statutory rights.

28.9     Prices payable for products that you order are as set out on the Service.  Product prices are usually displayed in euros and you will normally be billed in EUR.  Some Partners may charge you in other currencies and in these circumstances a currency conversion may be necessary.  You should ensure that prior to entering into any agreement to Purchase you are happy with the charges the Partner proposes to apply.  The Company will once again not be liable for any part of a Purchase and shall not be held responsible for any inaccuracies of conversion.  All delivery charges normally include postage and packing costs. Delivery costs are not included in the prices and will be charged in addition.  The delivery costs will vary depending on your delivery address and the location of the Partner.  Please see the Partner’s own terms and conditions for further details of estimated delivery costs and shipping times.  The delivery costs applicable to your order will normally be clearly set out and included in the “Total” amount shown on the checkout page, prior to submitting your order.  Depending on your delivery address additional charges may apply.  Prices are generally inclusive of VAT at the current rates but do not include delivery charges or import duties payable where the items are being shipped from outside of the EU.  These will be notified to you and applied after you select your shipping method.

28.10   Please note that local import duties may be payable on receipt of a Purchase. Neither We nor our Partners are responsible for any custom fees or duty charged on International shipments.  Whilst we try to ensure that all details, descriptions and prices that appear on the Service are accurate, there may be cases where errors occur.  If an error in the price of any Purchase that you have ordered is discovered, subject to the Partner’s own terms and conditions you will normally be informed of this as soon as possible and, give you the option of reconfirming your order at the correct price or cancelling it. If you are uncontactable, your order is likely to be treated as cancelled.

28.11   While Partners will endeavour to meet delivery estimates, these cannot always be guaranteed and we reiterate that We accept no responsibility if an order is delivered outside the specific agreed or estimated time frame.  After your purchase, you will receive a confirmation email regarding your order.  You may also receive further email correspondence from the Partner for example confirming that the goods have been dispatched to your address.

28.12   Partners will in most cases accept the return of Purchases which are in their original condition, packaging and unworn and which are re-saleable.  In order to return Purchases, you should refer to the terms and conditions of the Partner in question.  In general you will be responsible for the cost of returning Purchases to the Partner unless the products prove to be faulty or otherwise stated in the Partner’s Terms and Conditions.  Sometimes the Partner can arrange for the collection of items (where applicable) at your expense.  Alternatively you may choose to return the item by your own means.  The Company shall bear no responsibility for a Purchase at any stage.  Replacement and/or refunds are generally not available if the item is damaged or becomes faulty as a result of misuse, mishandling or the actions of any party other than the Partner or their employees.

28.13   The Company acknowledges the terms of the European Directive on Consumer Rights (Directive 2011/83/EU) (known as the Consumer Rights Directive) and the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (SI No. 484/2013).  When purchasing online, you are entitled to a cooling off period in which you may cancel your Purchase at any time within 14 days from the date on which you have made the Purchase (the “Cooling Off Period”) provided you have not already redeemed the Purchase.  If you wish to cancel your Purchase during the Cooling Offer Period, you must send an email notifying the Partner of your intention to do so.  This only applies to Partners based within the EU.

28.14   We use Shoppable checkout technology to process Purchases.  Shoppable is a universal checkout solution which provides a link between you and our Partners allowing you to shop across a number of Partners at the same time and to process Purchases across all of the Partners you see featured in one easy process.  Once you’re ready to Purchase, you’ll only have to go through one check-out process, even if you’re purchasing from multiple Partners.  Although Shoppable processes your Purchase, taking your payment details and Data from you, they only transmit that Data to the relevant Partners from whom you are Purchasing, they are not a Data Controller and are not the vendor of the items you have purchased and are therefore not a party to any transaction you make with a Partner.  Accordingly, Shoppable shall have no liability to any party in connection with such transactions.  Please see Shoppable’s Terms and Conditions of Use here .

28.15   Payment in full for the price of the Purchase that you order must be received by a Partner before your Purchase can be accepted and dispatched.  In the unlikely event that we encounter a problem when processing your order, you will be emailed explaining the problem and possibly requesting further information to try and resolve the problem.  In exceptional circumstances, if our Partner is unable to fulfil the Purchase, your payment card will be re-credited with the original price and you will be notified by email.  In no circumstances will we be liable to you for any additional amounts.

28.16   We reserve the right not to submit your order to a Partner, and the Partners each reserves the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorization for your payment, or if you do not meet the eligibility criteria.

29.0     No commercial use:

29.1     No area of the Service may be used by you for any commercial purposes.

30.0     Contacting Us:

30.1     For any questions regarding the Agreement, please contact us at privacy@fanzfirst.com or by post at:

FanzFirst Limited

The Jack Doyle Suite

Lawlors Hotel

Naas

Co. Kildare

Ireland

We will review your communication promptly and respond to you upon completion of this review.

Last Updated: 16th November 2017