TERMS AND CONDITIONS OF USE

Welcome to our Website (“the Website”).

Whether you’re a Fan, a Partner, a Supplier or another user of the Website, access to or use of the Website or the associated online presences are subject to you accepting these Terms and Conditions of Use as set out below (“the Terms”).

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 Website (“the Agreement”).

If you are not happy with any of the Terms please do not proceed to use the Website.

By proceeding you are acknowledging that you are agreeing to all aspects of the Agreement.

Who are We and Who You are:

The Website is owned and operated by FanzFirst Limited (“the Company”) with its registered office at the Jack Doyle Suite, Lawlors Hotel, Naas, Co. Kildare, Ireland.

The term “the App”, “the Website”, “the Company”, “us” or “we” refers to the Company the owner of the Website.

The term “you”, “your”, “user” or “Fan(s)” refers to you the user or viewer of the Website.

The Website is 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.

1.0       Definitions

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

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

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

Fan means a person who has registered to use the App or who is browsing the Website.

Partner means any person, retailer or brand, service provider, product provider or other party who has agreed to offer Fans a discount on their merchandise, goods, products or service because of their relationship with the Company and who can be accessed by Fans through links on the Website.

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

Website means any related online presence owned, operated or controlled by us.

2.0       Your Consent:

2.1       Before using the Website you have already confirmed that you acknowledge and agree with our Cookie Policy.  You can review that here.  The reason that we use your personal information (“Data”) in the manner set out there and elsewhere in the Agreement is to help us to get better discounts for you on many of your favourite brands and to provide you with a better experience whilst using the Website.

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 Website and deregistering or deleting the App.

2.3       Unless you do so and if you continue to use the Website 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 when you registered.  By registering and thereafter by accessing and using the Website, you also confirm that you have read, understand and accept these Terms and that you agree to abide by them each time you access and use the Website.  If you do not agree to the Agreement do not use the Website.

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

3.0       Access, age and responsibility

3.1       The Website is not intended to be used by anyone under 18 years of age (“a Minor”).  Subject to the consent of their parent or guardian, a Minor may use the Website but in that case the parent or guardian, permitting the use of the Website is responsible for the Minor’s compliance with the Agreement.  We advise parents or guardians who permit Minors to use the Website 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.

3.2       You are also responsible for ensuring that all persons who access the Website 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 Website as accessible as possible for people with any sort of disability.  If you have any difficulties using the Website, please contact us at privacy@fanzfirst.com.

3.4       We may prevent or suspend your access to the Website 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 Website and all intellectual property rights in it including but not limited to any Content, is owned by us, our licensors or both.  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 Website (hereinafter referred to as “Intellectual Property”) are solely owned by the Company or our Suppliers and Partners.  All such rights are reserved.  The Website (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 Website and any underlying technology or software used in connection with the Website 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 Website, in whole or in part except as expressly provided.

4.2       Nothing in these Terms grants you any legal rights in the Website other than as necessary to enable you to access the Website 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 Website (including any intellectual property notices) and in particular in any digital rights, security features or other security technology embedded or contained within the Website.

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 Website are the trademarks of their respective owners, and other trademarks may be displayed on the Website from time to time.  Some material on the Website may contain other information containing intellectual property of a third party.  Nothing displayed on the Website 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.

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

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

5.0       Submitting information to us

5.1       While we try to make sure that the Website 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 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 Website by any means whatsoever shall be treated as non-confidential and non-proprietary.

5.3       Commercial exploitation of the Website 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 website to non-eligible persons is strictly prohibited.

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

6.0       Accuracy of information and availability of the Website

6.1       While we try to make sure that the Website 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 Website will be fit or suitable for any purpose.  Any reliance that you may place on the information on the Website is at your own risk.  We may suspend or terminate operation of the Website 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 websites 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 Website is available for your use, we do not promise that the Website is available at all times nor do we promise the uninterrupted use by you of the Website.

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

7.0       Hyperlinks and third-party websites

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

7.2       Further, where the Website contains links to other websites and resources provided by banner advertisers, advertisers using the Website 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 websites 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 websites you leave the Website and do so entirely at your own risk.

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

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

8.4       The Content and other material displayed on the Website 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 Website or in connection with the use, inability to use, or results of the use of the Website any websites 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 Website.

8.6       Although we make all reasonable endeavours to ensure that the Website 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 Website or to your downloading of any material posted on it, or on any website linked to it.

8.7       We do not guarantee the security of the online services or any systems connected with the use of the Website (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 Website 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 Website 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 Website shall create any warranty not expressly stated in the Agreement.

8.9       The presence of content on the Website 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 Website.

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.

8.11     If your use of the Website 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 Website 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 Website 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 Website 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       Any use of discounts / offers herein and any subsequent contract, which is concluded between you and a Partner, arising from your use of the Website, is solely between you and that Partner.  We are not responsible for the supply of products or services sold by Partners so that any issues with the nature of the goods / services provided to you, is a matter between you and the Partner.  However, we 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 Website 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.

9.2       For the avoidance of any doubt, we do not make any representation that Partners listed or advertised on the Website or by extension that the goods and / or services that Partners list or advertise on their respective websites 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, in so far as is possible at law.

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.

9.4       Where you make a purchase from one of our Partners then products should be shipped directly to you from them.  We do not see or handle products or merchandise of any sort and so the Partners is entirely responsible for ensuring that you receive a service in the manner you expected.

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

9.6       Every purchase you make from a Partner will be subject to the terms and conditions imposed by our Partners and 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.

9.7       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.

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 Website 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 Website, your connection to the Website 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 Website or from our Partners’ websites 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 Website or our Partners’ websites as a result of engaging the services of the Website.

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 17th August 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 Website and by continuing to use and access the Website 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.

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 Website, 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 Website

14.1     The Company reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Website (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 Website.

15.0     Eligibility Requirements

15.1     The Website 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 Website or if you believe that Content posted on the Website 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 Website, 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 Website, 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 Website or any associated website.

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 Website 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 Website in or from other locations do so on their own initiative and are responsible for compliance with local laws.  Access to the Website from locations where the contents of the materials or the services or goods advertised on the Website are illegal is prohibited.  If you access the Website 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 Website.

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 Website, and it forms part of the Agreement.  If you are not happy with the Privacy Policy you should not use the Website.  We reiterate that any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.

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.

23.0     Security:

23.1     The Website 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 Website;
  • remove any copyright, trade mark or other proprietary rights notices contained in or on the Website or in or on any content or other material obtained via the Website;
  • use any robot, spider, website search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Website;
  • access, retrieve or index any portion of the Website for purposes of constructing or populating any database;
  • reformat or frame any portion of any web pages that are part of the Website;
  • 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 Website 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 Website for any use other than your own;
  • use any device, software or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
  • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
  • use the Website, intentionally or unintentionally, to violate any applicable law;
  • impersonate any person or entity;
  • attempt to gain unauthorised access to the Website, its facilities and/or services or any accounts, computer systems and networks connected to the Website, 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 Website unless authorised under the Agreement or to monitor, mirror or copy any content of the Website 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 Website 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 Website;
  • 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 No Commercial Use

28.1     No area of the Website may be used by you for any commercial purposes.

29.0 Contacting Us

29.1     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: 17th August 2017