Terms & Conditions
• Fan Plus International Operations Pty Ltd (ACN 627 253 436) is referred to as the Company, we, our or us.
• the website located at www.fanplus.com is referred to as the Site
• provision of the platform through which any person can purchase a sporting experience is referred to as the Services
• you, as a User of the Site, are referred to as you, your or User
• other websites or social media platforms on which we have a presence are referred to as Related Sites
These Terms are the entire agreement between the Company and you with respect to the use of the Site, Related Sites and the Services.
All prior representations and understandings, whether written or oral, are excluded.
You must comply with all policies and procedures as published by the Company on the Site from time to time.
Account Information and Acceptance
You warrant that all information provided by you to us in relation to your account is true and correct.
Security
You are responsible for protecting your login details.
Anyone who shares their login details with a person authorised by them are responsible for the actions of that person in their access and use of the Site and Services.
You must notify us immediately if there is any unauthorised usage of your account.
Account Access
There is no charge for you to create an account on our Site. After you have created an account on the Site, your account will become active. Once your account is active, you will then have full use and enjoyment of the Site and the Services.
By creating an account, you consent to receive electronic communications from us. These communications may include notices about your account and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt-out of receiving these promotional emails at any time by following the unsubscribe instructions provided.
Experience Purchases
Pricing for the experiences and gift vouchers are listed on our Site. All purchases are valid for 12 months from the date of purchase and must be used prior to expiration. No refunds or credit vouchers will be given for expired purchases, unless FAN+ agree to extend the terms.
Blackout dates may apply to some sporting experiences. If blackout dates do apply, they will be listed in the description of the sporting experience.
If FAN+ experiences are purchased via a 3rd party provider "distributor" of FAN+ and a claim is made for a refund or exchange, FAN+ has the right to charge a $250 excess fee for experiences over $500 or 20% fee for experiences under $500, this will be dependent on the complexities of the purchases and process to settle the claim with the 3rd party provider.
Video shout outs are greeting messages and made at the discretion of the talent in their own words. No refunds will be provided. Please ensure you supply the information at the time of order or email orders@fanplus.com with any updates with your order number. The video cannot be used for any commercial purposes and is for private use only.
Gift Cards
Gift cards purchased on or after 1 November 2019 are redeemable for at least 3 years after the day they were supplied or purchased. Any gift card purchased before this date has an expiry period of 12 months. It is the recipient’s duty to ensure they utilise the gift card prior to the expiry date, FAN+ will not remind or contact the buyer.
Competitions
Competitions are a game of skill and judges’ results are final.
Competitions are only open to Australian residents, of any age, but if the winner is under the age of 18 a parent or guardian over the age of 18 must accompany the winner.
The prize description is advised within the promotional material and a competition codeword will be attached to the competition. If a codeword is supplied as part of the competition, this must be entered to be eligible for that prize.
For competitions where no codeword is supplied, the prize will be a FAN+ gift voucher.
Discount Codes
Please note any discount code offered to the market by FAN+ is for specific experiences selected by FAN+. Not all experiences are eligible for discounting. FAN+ suppliers have the right and discretion to opt in and out of discounting during promotional periods. Corporate hospitality is excluded from discounts.
Payment
Purchases must be paid via credit card or debit card only.
Please note that payment transactions are not processed by us, nor do we collect, hold or receive your payment information. Our payment processor is Stripe. As we do not handle the processing of your credit or debit card purchase, you must notify any payment discrepancies to Stripe.
Use of the Services
You must not:
• make the Services available to anyone else;
• sell, resell, rent or lease access to the Services;
• use the Services to store or transmit infringing, defamatory, or otherwise unlawful or tortious material, or to store or transmit material in violation of third party privacy rights;
• use the Services to store or transmit harmful code;
• use a false email address, impersonate others, misrepresent your affiliation with others or misrepresent yourself;
• use the Site in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading, illegal or defamatory
• interfere with or disrupt the integrity or performance of the Services or any third-party applications; or
• attempt to gain unauthorised access to the Services or our related systems or networks. You may not access the Services to monitor their availability, performance or functionality unless the reason for your doing so is to assess the Services for your own reference in circumstances where the details of your assessment are not to be published or provided to a third party.
User and User Provided Content
The Site and Related Sites may contain information or material posted by you (Provided Content).
For all Provided Content, we are a publisher only and are not responsible for the content, accuracy or completeness of this information.
Anyone who submits Provided Content to the Site and/or Related Sites:
• agrees that the content will be treated by us as not being confidential;
• grants to us a royalty free, non-exclusive and non-transferable licence to use, host and publish the Provided Content in connection with providing the Services to you during the term of these Terms;
• promises that their Provided Content is owned by them or they have authorisation from the owner to submit that content; and
• must not submit any Provided Content that is fraudulent, abusive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or is in any other way objectionable (and agrees that any material determined by us to be in breach of this condition may be removed from the Site and/or Related Sites by us without notice to you).
Provided Content will not be provided to any third-party or used for any other purpose other than for the provision of the Services.
Intellectual Property
All right, title, and interest in and to the intellectual property subsisting in the Site and Services remains with us and/or our licensors. No right or licence to reproduce or otherwise use such intellectual property is granted to you by these Terms.
All specialty software, applications, and services, and products offered or may be offered by us are maintained by us based on your agreement with us.
You may not claim ownership of any products or services created and owned by us and hosted within the Site or Services; such are the sole property of us including all intellectual property associated with such products or services.
You authorise us to use, store, reproduce and manipulate your data stored within the Site for the sole purpose of the provision of Services to you.
Third-Party Services and Content
We may display content, advertisements and promotions from third parties through our Site (Third-Party Content). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions or Third-Party Content.
Surveys
From time to time, we may ask you to complete a survey relating to your use of the Services. Any survey sent to you is voluntary and is not required to be completed by you in order to continue using the Services. However, we do encourage you to complete each survey as it helps us to be more informed about the provision of Services to you.
If you complete a survey, we reserve the right to display any information provided to us from your survey. We may display this information (in whole or in part), on our Site, social media accounts or promotional materials. Any information published by us may be used for the purposes of marketing, promotion or improvement of our Services.
We reserve the right to adjust, refuse or remove information contained in your survey at our sole discretion.
You grant to us a perpetual and irrevocable licence to use, host and publish the information provided to us in your survey. The information in your survey must not contain content that is fraudulent, abusive, illegal, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or is in any other way objectionable.
Site Availability
We cannot guarantee 100% server uptime. Servers and systems must be brought down (offline) at times for routine maintenance and upgrades to ensure that the Site will run and perform optimally.
However, we strive to keep such interruptions to a minimum, and, if possible, to give you advanced notice of scheduled maintenance routines; as well as perform such activities as outside of normal operating business hours as possible.
You may not be able to use the Site due to traffic conditions on the internet, problems occurring at our upstream providers’ facilities, or due to hardware or software component failure. These conditions are entirely out of our control; however, we will endeavour to restore access to the Site in a timely manner.
Indemnity
You indemnify us for all damages suffered or incurred, whether directly or indirectly, in connection with:
• your use of the Site and Services (including the provision of the Services), including without limitation to claims relating to damage to property, personal injury or death;
• any actual or alleged infringement of any intellectual property rights by you;
• any actual or alleged breach of any applicable privacy laws by you, including without limitation the Privacy Act 1988 (Cth), all other applicable privacy legislation and all guidelines issued by the Office of the Federal Privacy Commissioner and similar regulatory bodies and applicable industry codes;
• any actual or alleged breach of any applicable consumer protection laws and regulations by you; and
• negligence or default by you.
Disclaimer
The Company is only responsible for providing the Site and Services in accordance with these Terms.
The Site is provided on an ‘as-is’ basis without warranties of any kind, either express or implied. We disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Site and Services.
Limitation of Liability
To the fullest extent permitted by law, the Company excludes all terms, conditions, warranties, and guarantees which might be implied into these Terms.
Our liability to you in respect of any claim made by you arising out of the provision of Services is limited, at our option, to the provision of the Services again or paying to provide the Services again.
Neither party will be liable for breach-of-contract damages that could not have been reasonably foreseeable on entry into these Terms.
Amendments
The Company reserves the right, in its sole discretion, to modify or replace any part of these Terms.
The Company will notify you of any material change to these Terms. If you access the Site after a notified change to these Terms, you are deemed to have consented to the Terms in their modified form.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, our Site or Services (or any features or parts thereof) at any time and without liability.
We may offer new features, functionality or services through the Site. Such new features and functionality, if offered, are offered subject to these Terms.
Suspension
If, in our reasonable opinion, you have breached these Terms, we may suspend or restrict your account with immediate effect. We will notify you if suspension or restriction occurs. If suspension or restriction occurs, you will be unable to access and use the Site and Services.
Cancellation
If you cancel your purchase within three days from the date of purchase, you are entitled to a full refund or credit voucher.
If you cancel more than three days from the date of purchase but before booking a date for your sporting experience, you are entitled to a credit voucher for the full amount paid.
If you cancel after you have booked a date for your sporting experience, you will receive a credit voucher for 50% of the amount paid.
Credit vouchers expire 12 months from the date they are issued to you.
Scheduling Change
If, after you have booked a date your sporting experience, circumstances arise where you are unable to attend on that date, you are entitled to one date change provided you notify us at least two weeks before the original date booked for the sporting experience.
If you request a schedule date change with less than two weeks’ notice, then we will issue you with a credit voucher.
Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Applicable Law and Jurisdiction
Any dispute, controversy or claim arising out of, relating to or in connection with these Terms, including any question regarding its existence, validity or termination, will be resolved by arbitration in accordance with the Commercial Arbitration Act 2010 (NSW). The seat of arbitration is Sydney, Australia. The language of the arbitration is English. The number of arbitrators is one. These Terms are governed by the laws of New South Wales.
Promotional Activities
At times FAN+ will conduct filming and take pictures at FAN+ events of participants who have purchased experiences with FAN+. These images will be used for promotional and marketing purposes, as a buyer and /or participant of a FAN+ experience you are granting FAN+ permission the use of any photography images or video filing for FAN+ promotional and marketing activities.
Last modified: January 2023
