Terms of Use
Dated 03 July 2023
Introduction
These Terms of Use (the "Terms of Use") apply between Fanbase Technology Limited ("Fanbase," "we" or "us") and you, a user of the Fanbase Platform (as defined below) (“Fan", “you”, or “your”). A Fan includes a fan of a sports club listed on or connected to the Fanbase Platform (“Club") or multiple Clubs, individuals from Clubs that use the Fanbase Platform, and any third party that accesses and uses the Fanbase Platform.
The Terms of Use govern the use of Fanbase’s website fanbaseclub.com (the "Website"), the Fanbase mobile application, and any other Fanbase website or application, or other technology platform where such platform has been integrated into the technology platform(s) of its Clubs (such applications, the Website and technology platform(s) are collectively referred to the "Fanbase Platform"). These Terms of Use govern the various parts of the Fanbase Platform, including all online facilities, tools, services or information, provided to the Fans by Fanbase through the Fanbase Platform.
These Terms of Use do not govern the Club Services (as defined below), except that in the context of your purchase of Paid Services (see below) these Terms of Use create a binding agreement between you and the relevant Club who is the seller of those Paid Services. As described more fully below (see Sections 12 to 14) we conclude this contract on the relevant Club’s behalf acting as its agent.
These Terms of Use include all exhibits or policies referenced in the Terms of Use, including the Privacy Policy.
Please read these Terms of Use carefully, as they affect your legal rights. Your agreement to comply with and be bound by these Terms of Use is deemed to occur upon your first use of the Fanbase Platform. If you do not agree to be bound by these Terms of Use, you should stop using the Fanbase Platform immediately.
You must be at least 18 years of age to use the Fanbase Platform. By using the Fanbase Platform and agreeing to these Terms of Use, you represent and warrant that you are at least 18 years of age.
Fanbase Platform and Club Services
The Fanbase Platform connects Fans with Clubs, allowing Clubs to provide certain products and services to the Fans, including without-limit tickets, hospitality, memberships, and newsfeeds (the “Club Services"). Fanbase does not provide or contract for the Club Services, and Clubs and Fans contract independently for the provision of the Club Services. Each Fan is solely responsible for selecting the Club Services it chooses to be provided with by a Club.
Fanbase does not have control over the quality, suitability, reliability, timing, legality, failure to provide, or any other aspect whatsoever of any Club Services nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Clubs or Fans. Fanbase makes no representations or warranties whatsoever with respect to Club Services offered or provided by Clubs or requested by Fans through use of the Club Services. Fanbase does not assume any responsibility for the accuracy or reliability of the information provided on or through the Fanbase Platform by Clubs or other third parties.
Fanbase cannot guarantee availability of the Club Services to any Fan.
Payment
Some Club Services require the payment of fees by Fans (“Paid Services”). By using the Fanbase Platform to order Paid Services, you acknowledge and agree to pay the charges associated with such Paid Services, as described on the Fanbase Platform ("Charges"). Fanbase charges the Club fees when you buy Paid Services. The Charges may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfilment fees. Therefore, the Charges are not necessarily the same as those charged by Fanbase to the Club. Fanbase does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing Paid Services in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction on the Fanbase Platform, to understand all applicable fees, credit card surcharges and currency conversion rates.
Fanbase's Role and your contract with the Club
The Fanbase Platform facilitates (a) Fans buying Paid Services and (b) Fans paying and Clubs receiving Charges for Paid Services. This means that we collect, analyse and relay information generated in connection with these payments.
Your contract for the purchase of the Paid Services is with the Club, not Fanbase. Fanbase is authorised to act as the Club’s limited agent (where the Club acts as principal) to conclude and enter into such contract with you. The contract is formed when we (or our payment processor) send you an order confirmation email. Your contract with the relevant Club incorporates, and is governed and conditioned by, these Terms of Use. To the extent the Club is incorporated into these Terms of Use, you should read references to “Fanbase”, "we”, and “our” and “Us” in these Terms of Use as references to the relevant Club from whom you ordered the Paid Services.
When facilitating processing of Charges through the Fanbase Platform, Fanbase acts as the Club's limited agent for the purpose of using Fanbase’s third party payment service providers to collect the Charges and passing such payments to the Club. Payment of the Charges to Fanbase discharges your debt to the Club.
Authorisation
In connection with using the Fanbase Platform to receive Paid Services you may be required to enter credit card or other payment information. By entering your payment information when requested, you authorise Fanbase to facilitate payment by its payment processors to charge and process the agreed Charges. Neither Fanbase nor the relevant Club will be responsible for any losses you may suffer if the payment method you use to pay for Paid Services does not have sufficient funds to cover all costs of that order.
Disputes and refunds
Fanbase facilitates the payment transaction for Charges between you and each Club but is not responsible for mediating any resulting disputes. Fanbase has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, or to correct any errors made by Fanbase, in each case in Fanbase's sole discretion.
Intellectual property and acceptable use
All Content included on the Fanbase Platform, unless uploaded by Fans, is the property of Fanbase, the Club, our affiliates or other relevant third parties. In these Terms of Use, “Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of the Fanbase Platform, including any such content uploaded by Fans. By continuing to use the Fanbase Platform you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on the Fanbase Platform shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Fanbase Platform without the owner's prior written permission.
You may, for your own personal, non-commercial use retrieve, display and view the Content on a computer screen or handheld device.
You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Fanbase.
You acknowledge that you are responsible for any Content you may submit through the Fanbase Platform, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Fanbase Platform any Content that: (a) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (b) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (c) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any Content.
You represent and warrant that: (a) you own or otherwise control all the rights to the Content you post; (b) that the Content is accurate; and (c) that use of the Content you supply does not violate any provision of these Terms of Use and will not cause injury to any person. You will indemnify Fanbase for all claims, losses, or damages against it resulting from Content that you supply.
Prohibited use
You may not use the Fanbase Platform for any of the following purposes:
in any way which causes, or may cause, damage to the Fanbase Platform or interferes with any other person's use or enjoyment of the Fanbase Platform;
in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order; or
making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
Registration
You must ensure that the details provided by you on registration or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these Terms of Use.
You may cancel your registration at any time by informing us in writing to the address at the end of these Terms of Use. If you do so, you must immediately stop using the Fanbase Platform. Cancellation or suspension of your registration does not affect any statutory rights.
Password and security
When you register on this Fanbase Platform, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
If we have reason to believe that there is or is likely to be any misuse of the Fanbase Platform or breach of security, we may require you to change your password or suspend your account.
Links to other websites
This Fanbase Platform may contain links to other sites. Unless expressly stated, these sites are not under the control of Fanbase or that of our affiliates.
We assume no responsibility for the content of such third party platforms and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Fanbase Platform does not imply any endorsement of the sites themselves or of those in control of them.
Privacy Policy and Cookies Policy
Use of the Fanbase Platform is also governed by our Privacy Policy (which incorporates our Cookies Policy), and which is incorporated into these Terms of Use by this reference. To view the Privacy Policy and Cookies Policy, please click on the following: https://fanbaseclub.com/privacy-policy.
Availability of the Fanbase Platform and disclaimers
The Fanbase Platform is provided "as is" and on an "as available" basis. We give no warranty that the Fanbase Platform will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Fanbase is under no obligation to update information on the Fanbase Platform.
Whilst Fanbase uses reasonable endeavours to ensure that the Fanbase Platform is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Fans take responsibility for their own security, that of their personal details and their computers.
Fanbase accepts no liability for any disruption or non-availability of the Fanbase Platform.
Fanbase reserves the right to alter, suspend or discontinue any part (or the whole of) the Fanbase Platform including, but not limited to, any products and/or services available. These Terms of Use shall continue to apply to any modified version of the Fanbase Platform unless it is expressly stated otherwise.
Limitation of liability
Nothing in these Terms of Use will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
To the extent that the Fanbase Platform and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
To the maximum extent permitted by law, Fanbase accepts no liability for any of the following: (a) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; (b) loss or corruption of any data, database or software; and (c) any special, indirect or consequential loss or damage.
General
You may not transfer any of your rights under these Terms of Use to any other person. We may transfer our rights under these Terms of Use where we reasonably believe your rights will not be affected.
These Terms of Use may be varied by us from time to time. Such revised terms will apply to the Fanbase Platform from the date of publication. Fans should check the Terms of Use regularly to ensure familiarity with the then current version.
These Terms of Use together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the Terms of Use.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms of Use and no third party will have any right to enforce or rely on any provision of these Terms of Use.
If any court or competent authority finds that any provision of these Terms of Use (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms of Use will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
These Terms of Use are governed by and interpreted according to the law of England and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.