These terms and conditions apply between you, the User of this Fans2gether Mobile Application (including the www.fans2gether.com Website or Mobile Application, sub-domains, unless expressly excluded by their own terms and conditions), and FANFUNDING Limited, the owner and operator of this Mobile Application. Fans2gether is a trading name of FANFUNDING Limited.
Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Mobile Application. If you do not agree to be bound by these terms and conditions, you should stop using the Mobile Application immediately.
In these terms and conditions, Fans, User or Users means any third party that accesses the Mobile Application and is not either (i) employed by FANFUNDING Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to FANFUNDING Limited and accessing the Mobile Application in connection with the provision of such services.
Anyone can use this application but you must be at least 18 years of age to use the donation facilities of this Mobile Application. If you are under 18 or are not using your own credit/debit card to pay for the donations, you must ask the permission of the credit/debit card holder before entering the payment details. By clicking “Donate” you are confirming that you have obtained the express prior permission of the credit/debit card holder.
Intellectual property and acceptable use
1. All Content included on the Mobile Application is the property of FANFUNDING Limited, our affiliates or other relevant third parties. In these terms and conditions, 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 this Mobile Application, including any such content uploaded by Users. By continuing to use the Mobile Application you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site 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 site without the owner’s prior written permission
2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a mobile device or computer screen
3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of FANFUNDING Limited.
4. You may not use the Mobile Application for any of the following purposes:
a. in any way which causes, or may cause, damage to the Mobile Application or interferes with any other person’s use or enjoyment of the Mobile Application;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
5. You must ensure that the details provided by you on registration or at any time are correct and complete.
6. 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.
7. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
8. You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Mobile Application. Cancellation or suspension of your registration does not affect any statutory rights.
Links to other Mobile Applications
9. This Mobile Application may contain links to other sites. Unless expressly stated, these sites are not under the control of FANFUNDING Limited or that of our affiliates.
10. We assume no responsibility for the content of such sites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
11. The inclusion of a link to another site on this Mobile Application does not imply any endorsement of the sites themselves or of those in control of them.
13. Collecting personal information:
a. We may collect, store and use the following kinds of personal information:
b. information about your computer and about your visits to and use of this Website or Mobile Application (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and Website or Mobile Application& mobile application navigation paths, timing, frequency and pattern of service use);
c. information that you provide to us when registering with our Website or Mobile Application (including your email address, your name, profile pictures, gender, date of birth, interests and hobbies);
d. information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address);
e. information relating to any donations you make of our services or any other transactions that you enter into through our Website or Mobile Application (including your name, address, telephone number, email address and card details);
f. information that you post to our Website or Mobile Application for publication on the internet via channels such as social media (including your user name, your profile pictures and the content of your posts);
g. any other personal information that you choose to send to us;
h. Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.
14. Using your personal information
a. Personal information submitted to us through our Website or Mobile Application will be used for the purposes specified in this policy or on the relevant pages of the Website or Mobile Application.
b. We may use your personal information to:
i. administer our Website or Mobile Application and business;
ii. personalise our Website or Mobile Application for you;
iii. enable your use of the services available on our Website or Mobile Application;
iv. supply to you services purchased through our Website or Mobile Application;
v. send statements, invoices and payment reminders to you, and collect payments from you;
vi. send you non-marketing commercial communications;
vii. send you email notifications that you have specifically requested;
viii. send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);
ix. send you marketing communications relating to our business or the businesses of carefully-selected third parties which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications);
x. provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
xi. deal with enquiries and complaints made by or about you relating to our Website or Mobile Application;
xii. keep our Website or Mobile Application secure and prevent fraud;
xiii. verify compliance with the terms and conditions governing the use of our Website or Mobile Application;
c. If you submit personal information for publication on our Website or Mobile Application, we will publish and otherwise use that information in accordance with the licence you grant to us.
d. Your privacy settings can be used to limit the publication of your information on our Website or Mobile Application, and can be adjusted using privacy controls on the Website or Mobile Application.
e. We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing.
15. Disclosing personal information
a. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.
b. We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.
c. We may disclose your personal information:
d. to the extent that we are required to do so by law;
e. in connection with any ongoing or prospective legal proceedings;
f. in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);
g. to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and
h. To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
i. Except as provided in this policy, we will not provide your personal information to third parties.
16. International data transfers
a. Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.
b. Personal information that you publish on our Website or Mobile Application or submit for publication on our Website or Mobile Application may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.
c. You expressly agree to the transfers of personal information described in this Section 6.
17. Retaining personal information
a. This Section 7 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.
b. Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
c. Notwithstanding the other provisions of this Section 7, we will retain documents (including electronic documents) containing personal data:
d. to the extent that we are required to do so by law;
e. if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and
f. in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).
18. Security of your personal information
a. We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.
b. We will store all the personal information you provide on our secure (password- and firewall-protected) servers.
c. You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
d. You are responsible for keeping the password you use for accessing our Website or Mobile Application confidential; we will not ask you for your password (except when you log in to our Website or Mobile Application).
a. We may update this policy from time to time by publishing a new version on our Website or Mobile Application.
b. You should check this page occasionally to ensure you are happy with any changes to this policy.
20. Your rights
a. You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
b. the payment of a fee (currently fixed at GBP 20); and
c. the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor).
d. We may withhold personal information that you request to the extent permitted by law.
e. You may instruct us at any time not to process your personal information for marketing purposes.
f. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.
21. Third party Website or Mobile Applications
a. Our Website or Mobile Application includes hyperlinks to, and details of, third party Website or Mobile Applications.
b. We have no control over, and are not responsible for, the privacy policies and practices of third parties.
22. Updating information
a. Please let us know if the personal information that we hold about you needs to be corrected or updated.
Availability of the Mobile Application and disclaimers
23. Any online facilities, tools, services or information that FANFUNDING Limited makes available through the Fans2gether Mobile Application (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service 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. FANFUNDING Limited is under no obligation to update information on the Mobile Application.
24. Whilst FANFUNDING Limited uses reasonable endeavours to ensure that the Mobile Application is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
25. FANFUNDING Limited accepts no liability for any disruption or non-availability of the Mobile Application.
26. FANFUNDING Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Mobile Application including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Mobile Application unless it is expressly stated otherwise.
27. In order to use the Mobile Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’).
28. The Software Requirements are as follows: Apple iOS devices running iOS6 up to iOS8, and Android OS devices running Android OS 4.1 up to OS 4.4; Language: English Only.
29. The version of the Application software may be upgraded from time to time to add support for new functions and services.
Limitation of liability
30. Nothing in these terms and conditions 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.
31. FANFUNDING Limited do not have any obligation to fulfil any reward or gifts mentioned in any of the projects . These remain solely the Club beneficiary’s responsibility and we cannot accept any claims or responsibility due to their non-fulfilment.
32. To the extent that the Mobile Application and Content are provided free of charge, we will not be liable to you for any loss or damage of any kind.
33. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
34. To the maximum extent permitted by law, FANFUNDING LTD 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;
c. any special, indirect or consequential loss or damage.
35. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
36. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Mobile Application from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
38. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
39. If any court or competent authority finds that any provision of these terms and conditions (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 and conditions will not be affected.
40. 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.
41. These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.
Donations and Payments
By donating to a project, club or individual on the Mobile Application, you agree to be bound by this entire Agreement, including the following terms:
42. Any donation or payment is non-refundable by FANFUNDING Limited. Any requests for refunds to be directed to the Club beneficiary and it is at their absolute discretion as to whether a refund is paid.
43. Users agree to provide their payment information at the time they donate to a project. The donation will be collected immediately regardless of whether the project goal has been met. The amount users donate is the amount they will be charged.
44. Users agree to FANFUNDING LTD and its payments partners -Stripe (www.stripe.com) authorising or reserving a charge on their payment card or other payment method for any amount up to the full donation immediately for collection of the funds.
45. For all teams or individuals, FANFUNDING Limited gives to the Project Creator each Users User ID, donation amount, name and username.
46. The payment system we use for all card processing is www.Stripe.com. Please see a link to their security details https://stripe.com/help/security
FANFUNDING Limited details
FANFUNDING LTD is a company incorporated in England and Wales with registered number 9133346 whose registered address is 26 Whitehall Road Leeds LS12 1BE and which operates the Mobile Application Fans2gether and the Website www.fans2gether.com.
You can contact FANFUNDING Limited by email on firstname.lastname@example.org.