Fandelo Terms of Use

Welcome to Fandelo!

These Terms of Use (“Terms”) are binding and govern your use of Fandelo, which is owned and operated by Fandelo Pty Ltd ACN 648 550 190 ("we", "us", "our").

You agree to be bound by these Terms by clicking “Accept” (or other similar industry standard wording) during the Fandelo registration process when registering an account to access the Fandelo Services (“Account”) and during other instances following registration of your account. If you do not agree to be bound by the terms of this Agreement, you may not use the Fandelo Services.

We may change these Terms at any time. We will notify you via an in-app pop-up message of any material change prior to the date such change comes into effect. If you do not agree to any change to the Terms, you must discontinue use of the Fandelo Services.

Our collection and use of personal information in connection with your access to and use of the Fandelo Services is described in our Data and Privacy Policy. These Terms are to be read together with our Data and Privacy Policy. To the extent of any inconsistency between these documents, these Terms will prevail.

If you have any questions about this Agreement, please email us.

  • Overview

    Fandelo is a service that provides its users with access to content, community engagement and commerce functions related to sports, music and entertainment industries. The Fandelo Services include all of the Fandelo products, features, applications, services, information, technologies and software that we provide. The Services is made up of the following:

    1. Offering personalised opportunities to discover, engage, create, connect and share.

      We built Fandelo for fans around the world to allow them to follow and engage with their ‘Favorites’ in the worlds of sport, music and entertainment. Fandelo provides you with a one-stop-shop to read, view, explore, share and engage with content on, from and about the talent, teams and brands that you care most about. This includes highlighting the Favorites, content, media, events, pages, products and services that you are most interested in.

    2. Connecting you with your favorite talent, teams, brands, products and services.

      At the core of Fandelo is the ability for you to customise your Fandelo Account based on your ‘Favorites’. This includes the athletes, actors, entertainers, celebrities, musicians, teams, leagues, bands, events and brands from all over the world that you enjoy and love the most. We use data from Fandelo as well as from third-party partners, to show you ads, offers and other sponsored content that we believe will be meaningful to you and to enhance your overall Fandelo experience.

    3. Providing consistent and seamless experiences across third party products.

      Fandelo shares technology, systems, insights and information, including the information that we have about you, to provide services that are better, safer and more secure. We also provide ways to engage with content and make purchases through Fandelo using third party vendors, products and programs. We have designed Fandelo to achieve a seamless and consistent experience as you engage with our third party vendors and products yet are not responsible for the content and media they produce or the products and services they sell.

    4. Fostering a positive and safe environment.

      We develop and use tools and offer resources to our users that help to make their experiences positive and inclusive, including when we think they might need help. We also have teams and systems that work to combat abuse and breaches of our Terms and policies, as well as to counter profanity, bullying, disrespectful or deceptive behaviour. We use all the information we have, including your information, to try to keep our platform safe and secure. We may also share information about misuse or harmful content with Fandelo’s third party integrators, partners, affiliate companies or law enforcement. Learn more in Fandelo’s Data and Privacy Policy.

    5. Ensuring access to our Services.

      To operate the Fandelo Services, we must store and transfer data across our systems around the world, including outside of your country of residence. The use of this global infrastructure is essential to provide the Fandelo Services. This infrastructure may be owned or operated by Fandelo or its subsidiaries and affiliates.

    6. Developing and using technologies that help us provide you with the best possible experience. Organising and analysing content and information for the Fandelo userbase is central to the Fandelo Services. A big part of the Fandelo Services is creating and using cutting-edge technologies that help us personalise, protect and improve the Fandelo Services on a large scale for a broad global community. Technologies such as artificial intelligence, active learning and machine learning give us the power to apply complex processes across the Fandelo Services. Automated technologies also help us to ensure the functionality and integrity of the Fandelo Services.
    7. Sharing and engaging with Fandelo content.

      Users can engage, share and interact with content on Fandelo internally to the Fanroom as User-Generated Content (UGC) or engage with content externally via their native share sheet.

      (together, defined as the “Fandelo Services”).

  • Your Fandelo Account

    To access the Fandelo Services, you must sign up and create a Fandelo Account. To be eligible to register for an Account:

    • you must:
      1. provide us with your age and be at least 13 years old (unless you are an incorporated enterprise, partnership or similar commercial entity) or the minimum legal age in your country to lawfully use Fandelo;
      2. provide us with your first name, last name and a sign-up method (e.g. email/Google/ Facebook/Apple details);
      3. not have been convicted of any criminal offence in the last 5 years, unless we consent in writing;
      4. not be prohibited from receiving any aspect of the Fandelo Services under the laws of the country or state in which you are present at the time that you access the Fandelo Services;
      5. review, comply and agree to these Terms and Fandelo’s Data and Privacy Policy; and
      6. not have previously had your Fandelo Account suspended for violation of any law or because you have previously contravened any of our policies relating to the use of Fandelo.
    • Where you have provided us with your identity documents, we may use an external partner or other party to verify your identity as required.
    • You acknowledge and agree that all information you provide to us is true, accurate, complete and up to date.
    • You are responsible for maintaining the confidentiality and security of your Fandelo Account and login details and all activities on or via your Fandelo Account and you will take all reasonable steps to prevent your Fandelo Account being misused or otherwise used unlawfully to access or use the Fandelo Services.
    • From time to time, Fandelo may send you communications to provide marketing, advertising, and other news or offers regarding the Fandelo Services. If you no longer want to receive certain communications from us via email or other means, open the Fandelo app and click “Settings”, then click “Notification Settings” and toggle “Email, “SMS” or “Opt-out all”. Alternatively, click the “Unsubscribe” link any email sent by us.
  • How Fandelo is funded

    Instead of paying to use Fandelo, by using the Fandelo Services covered by these Terms, you acknowledge that we may show you ads that businesses and organisations pay us to promote on and off Fandelo. You may also purchase tickets, products and services on Fandelo where we make a commission or other form of economic benefit on each transaction via affiliate relationships or via the sale of Fandelo products and services directly to users.

  • Data and Privacy

    Providing the Fandelo Services requires collecting and using your information. We use your personal information, such as information about your activity, preferences, interests and engagement to show you ads and display products that are more relevant to you. We show you relevant and useful ads without telling advertisers who you are. We do not sell your personal data. We allow advertisers to tell us things such as their business goal and the kind of audience they want to see their ads. We then show their ads to people who might be interested. We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off Fandelo. For example, we provide general demographic and interest information to advertisers to help them better understand their audience. We do not share information that directly identifies you (information such as your name that by itself may be used to contact you or identifies who you are) unless you give us specific permission. You may also see branded content on Fandelo posted by ‘Favorites’; these Fandelo Account holders promote their content, products or services based on a commercial relationship.

    Our Data and Privacy Policy explains more about how we collect, use and share information across Fandelo and its affiliates. It also explains the many ways in which you can control your information, including in the Data and Privacy Policy and account settings. You must also agree to the Data and Privacy Policy to use Fandelo.

  • Usage Guidelines

    5.1Providing safe and open services for a broad community requires that we all contribute to a safe and enjoyable community environment.

    5.2All users agree to comply with Fandelo’s Community Guidelines as follows:

    • You are responsible for any activity that occurs under your Account.
    • You will keep your password secure.
    • You must not engage in abusive, trolling or bullying behaviour. Please share your thoughts and opinions but do so with respect.
    • You must not engage, whether alone or with others, in any conduct that may defame or harm the reputation of another person or enterprise. Fandelo is a place for passionate fans, but disrespectful or inappropriate behaviour will not be tolerated.
    • You must not use profanity or engage in behaviours that are harmful or deceptive. Our systems and teams will detect this, and you may be banned.
    • You must not spam or solicit other users. You cannot contact other users via your Fandelo Account to solicit business.
    • You must not impersonate others or provide inaccurate information. You may not impersonate someone or something you are not, and you must not create a Fandelo Account for someone else unless you have their express permission.
    • You must not do anything unlawful, misleading or fraudulent or for an illegal or unauthorised purpose.
    • You must not violate (or help or encourage others to violate) these Terms or our policies.
    • You must not do anything to interfere with or impair the intended operation of the Fandelo Services. This includes misusing any reporting, dispute or appeals channel, such as by making fraudulent or groundless reports or appeals.
    • You must not attempt to create Fandelo Accounts or access, collect, post or share information in unauthorised ways. This includes creating Fandelo Accounts or collecting information in an automated way or via the use of bots without our express permission.
    • You must not sell, licence or purchase any Fandelo Account or data obtained from us or the Fandelo Services unless obtained directly from us. This includes attempts to buy, sell or transfer any aspect of your Fandelo Account (including your username); solicit, collect or use login credentials of other users; or request or collect Fandelo usernames, passwords or misappropriate access tokens.
    • You will not post someone else's private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights (e.g. copyright infringement, trademark infringement, counterfeit or pirated goods). You may use someone else's works under exceptions or limitations to copyright and related rights under applicable law. You represent that you own or have obtained all necessary rights to the content you post or share.
    • You will not modify, translate, create derivative works of or reverse engineer our products or their components.
    • You must not repurpose any of Fandelo’s original content or the content of third-party partners without our or their express permission.
    • You must not use a domain name or URL in your username without our prior written consent.
    • You must not transmit any worms or viruses or any code of a destructive nature.
    • You must only use the Fandelo Services (and view any content on the Fandelo Services) following our reasonable instructions and all applicable laws, rules, regulations and other applicable restrictions.

      (together, the “Community Guidelines”)

    5.3Except as expressly authorised under these Terms or with our express written consent, you must not download, modify, copy, distribute, transmit, re-transmit, reproduce, display, perform, publish, license, decompile, reverse engineer, create derivate works from or offer for sale or use (except as expressly authorised under these Terms) any content, software or any works, subject matter, data, information or other material contained on, comprising, or obtained from or through the Fandelo Services or your Account.

  • Permissions

    6.1As part of our agreement, you give us the permissions we require to enable us to provide the Fandelo Services.

    6.2We do not claim ownership of your user generated content, but you grant us a licence to use it. Acceptance of the Terms does not alter your rights to your content. We do not claim ownership of the content that you post on or through the Fandelo Services and you are free to share your content with anyone else, wherever you choose. However, we need certain legal permissions from you (known as a “licence”) to provide the Fandelo Services. When you share, post or upload content that is covered by intellectual property rights (such as photos or videos) on or in connection with the Fandelo Services, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content. This licence will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your Fandelo Account. Deleted personal information is only kept for 7 days.

    6.3Permission to use your username, profile picture and information about your preferences and actions with accounts, ads, sponsored content and partner products and services. You permit us to show your username, profile picture and information about your actions (such as likes) or preferences (such as follows and those provided during the onboarding process and stored in your profile) next to or in connection with accounts, ads, offers and other sponsored content that you follow or engage with that are displayed on Fandelo without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Fandelo. As with actions on other content, follows of Favorites, actions on sponsored content and engagement with sponsored content can be seen only by people who have permission to see that content, follow or data.

    6.4You agree that we can download and install updates to the Fandelo Services on your device. If you decline an update, you may not be able to use or access the Fandelo Services.

    6.5We have integrated a "fan ranking" and "kudos" systems designed to recognise and reward user engagement and contributions within the platform. The specific criteria, algorithms, and mechanics of this system are subject to change at our sole discretion. We reserve the right to modify, update, or entirely replace the "fan ranking" and "kudos" systems and associated logic at any time, with or without prior notice to users. These modifications include but are not limited to changes to the calculation methods, ranking criteria, or rewards associated with the system.

    6.6We may use feedback or other suggestions provided by you without any restrictions or obligation to compensate you for them. Further, we are under no obligation to keep such feedback or suggestions confidential.

  • Additional rights we retain

    7.1Fandelo is a trademark of Fandelo Pty Ltd. Fandelo’s graphics and logos are trademarks of Fandelo Pty Ltd. Fandelo’s trademarks may not be used in conjunction with any product or service other than the Fandelo Services. All other trademarks that appear on the Fandelo website and/or the apps that are not owned by us are the property of their respective owners.

    7.2If you use content covered by intellectual property rights (including all rights, whether registered or unregistered, in the Intellectual Property (defined below)) that we have and make available in our Services (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).

    7.3You must only use our intellectual property (including all copyright, trademarks, domain names, designs and confidential information) (Intellectual Property) as expressly permitted by us with our prior written permission.

    7.4You must obtain written permission from us to modify, create derivative works of, decompile or otherwise attempt to extract source code from us.

  • Content removal and disabling or terminating your Fandelo Account

    8.1We may, at our absolute discretion, remove any content or information that you share on the Fandelo Services if we believe that it violates these Terms or Community Guidelines, our policies or we are permitted or required to do so by law. We may refuse to provide or stop providing all or part of the Fandelo Services to you (including terminating or disabling your Fandelo Account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law.

    8.2We may also terminate or change the Fandelo Services, remove or block content or information shared on the Fandelo Services or stop providing all or part of the Fandelo Services if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts on us. If we take action to disable or terminate your Fandelo Account, we will notify you where appropriate. If you believe that your Fandelo account has been terminated in error, or you want to disable or permanently delete your Fandelo account, you may contact us at hello@fandelo.com.

    8.3Content that is deleted may persist for a limited period in backup copies and may still be visible to others on the Fandelo Services. This paragraph, and the section below called "Use of Service and Regulations", will still apply even after your Fandelo Account is terminated or deleted.

  • Use of services and regulations

    9.1Your use of music on the Fandelo Services is also subject to our music and audio guidelines as follows:

    • You are responsible for the content you post.
    • People use our products primarily to view and engage with content provided by Favorites and third-party providers. Should you upload or engage with content on Fandelo, you remain solely responsible for the content that you post, including any music that features in that content. Nothing in these Terms constitutes any authorisation by us concerning any use of music on Fandelo.
    • Use of music or audio for commercial or non-personal purposes in particular is prohibited unless you have obtained the appropriate licenses.
    • Users are subject to the terms of third-party music streaming partners, including Spotify.
    • Unauthorised content may be removed.
    • If you post content that contains music owned by someone else, your content may be blocked or may be reviewed by the applicable rights owner and removed if your use of that music is not properly authorised.
    • You may not be able to post or access videos containing music in every country of the world.

    9.2If you use certain other application programming interfaces with the Fandelo Services or related features, additional terms will be made available and will also become a part of our agreement. For example, if you use payment features, you will be asked to agree to Fandelo’s forthcoming Shop Policy. If there are any inconsistencies between those terms and the Terms, those other terms will govern to the extent of those inconsistencies. All current payment associated with ticketing is processed by third-party affiliate partners and you are bound by their terms and policies.

  • Third Parties

    10.1We may include in the platform, access to specific functionality or services which are provided by third parties (e.g. a payment portal or online store front).

    10.2Fandelo integrates with various third-party products and services. Unless we say otherwise, we do not endorse (or make any warranties or representations in relation to) any third-party product or service and do not offer refunds for any amounts you’ve paid to a third party.

    10.3Your use of any third-party product or service may be subject to separate terms and conditions, which you’re responsible for reviewing, accepting and complying with. If you don’t accept or comply with those third-party terms, we may suspend or cancel your Account, or limit your access to such services within our platform.

  • Shop

    11.1By using the Fandelo App, you consent to the processing of information as described therein and warrant that all data provided by you is accurate. Please note that the Fandelo Shop is a platform for the sale of products offered by Fandelo and third-party sellers. Third-party sellers are independent retailers that may have their own e-commerce store and are looking to diversify their range and selling options via the Fandelo Shop. Where products are offered and sold by a third-party seller, the name of the seller and the fulfilment of the order conditions including delivery fees, will be specified on the relevant product page.

    11.2The Fandelo Shop accepts advertisements and information from sellers in good faith. Advertisements in the Fandelo App for products are prepared by third party sellers who are not related to us. We, therefore, cannot vouch for the truth or accuracy of the information provided about the products by the sellers. If you require further information or clarification about a product, you will be required to contact the seller.

  • Liability

    12.1To the maximum extent permitted by law (but subject to clause 12.2):

    • the Fandelo Services and all content and any other features or functions associated with the Fandelo Services, are provided “as is” and “as available” with all faults and without warranty or condition;
    • we do not make any promises or assurances to you about the Fandelo Services or the content, including without limitation that your use of the Fandelo Services will be uninterrupted or error-free;
    • we make no representations or warranties in relation to the accuracy or completeness of the information, advice or other content available on or via the Fandelo Services, the website or any app and we do not accept any liability in relation to your reliance on such information, advice or other content;
    • we are not responsible for services and features offered by third parties, other people or other companies, even if you access them through the Fandelo Services;
    • all other terms, conditions and warranties, whether express or implied by legislation or the common law or otherwise relating to the provision by us of the Fandelo Services or otherwise in connection with this Agreement are expressly excluded;
    • we will not be liable for any loss or damage (including special, indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Fandelo Services (including the website and any app).

    12.2Nothing in this Agreement excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth) and fair-trading laws. The Fandelo Services come with statutory guarantees under consumer protection laws that cannot be excluded.

    12.3You are responsible for all acts and omissions of any person who uses your Fandelo Services or Account.

    12.4You indemnify us and our shareholders, directors, officers, employees, partners, suppliers, content partners and licensors (each an "indemnified party") from and against any loss, damage, liability, costs, expenses or other liability the indemnified party suffers or incurs arising out of or in connection with any claim or demand against us by you or any person other than you, which arises from or is connected with your use of the Fandelo Services, including in connection with any content, information or other material posted on the website or any app from your Account, or any other information you provide to us unless the loss, damage, liability, cost, expense or other liability is caused by the relevant indemnified party’s wilful default or gross negligence.

  • Term and termination

    13.1Term

    This agreement and your Fandelo Account will continue, on an ongoing basis, unless it end by:

    • mutual agreement; or
    • by either you or us unilaterally bringing it to an end including in accordance with the termination rights set out within this provision, or by operation of law.

    13.2Your termination rights

    You may terminate your Account by visiting “Profile”, then “Settings”, then clicking “Delete Account”. Cancellation is effective immediately and your Account will be closed and your access to the Fandelo Services will be disconnected from the date you cancel. If you cancel your Account, you may reactivate your Account at any time by reinstalling the Fandelo app and signing up for a new Account.

    13.3Our termination rights

    • We may, at our absolute discretion, cancel this agreement or your Fandelo Account at any time, in addition to the circumstances specifically set out below.
    • We may immediately suspend, restrict or cancel your Account or access to the Fandelo Services:
      • where reasonably necessary for security, technical, copyright, anti-piracy or operational reasons;
      • if you use the Fandelo Services other than for private, non-commercial use, or in a way that is inconsistent with these Terms or the requirements of our content partners or licensors;
      • if you breach any of these Terms;
      • if you breach our Community Guidelines;
      • if we suspect the occurrence of any identity theft or other fraudulent activity; or
      • f we have reasonable grounds to suspect that your Account details are incorrect, there has been unauthorised access to your Account, or that you have committed or may be committing any illegal or fraudulent activity in connection with your Account.
    • A notice of termination of your Account and the use of the Fandelo Services can be given by any means including by SMS or email.

    13.4Consequences of termination

    If your Fandelo Account is terminated for any reason, your profile, posts and everything else you’ve added will be permanently deleted. Please be aware that it may take us up to 90 days to delete the relevant content.

    In the following situations, content may not be deleted within 90 days of the Account deletion:

    • where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible;
    • where immediate deletion would restrict our ability to:
    • investigate or identify illegal activity or breaches of our Terms and policies;
      • protect the safety, integrity and security of our Services, our employees and our users, and defend us; or
      • comply with legal obligations; or
      • comply with a request of a judicial or administrative authority, law enforcement or a government agency.

  • General provisions

    14.1Variation

    Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire agreement between Fandelo and you pertaining to the subject matter hereof and supersede any and all prior oral or written understandings or agreements between Fandelo and you in relation to the access to and use of the Fandelo Services.

    14.2Severance

    If any provision of these Terms are held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

    14.3No waiver

    Fandelo’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The exercise by Fandelo of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

    14.4Assignment

    You may not assign or licence your rights and/or obligations under this agreement. We may assign our rights and/or obligations under this agreement, in our absolute sole discretion.

    14.5No advice

    You acknowledge and agree that the content you receive through the Fandelo Services is intended for informational and entertainment purposes only. The content does not constitute financial, legal, medical, professional or healthcare advice or diagnosis and cannot be used for such purposes.

    14.6Governing law and jurisdiction

    If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action or dispute that you have against us that arises out of or relates to these Terms (Claim), and you may resolve your Claim in any competent court in that country that has jurisdiction over the claim.

    In any other case, you agree that the Claim must be resolved exclusively in Victoria, Australia. You submit to and accept the exclusive jurisdiction of any of the Courts of the State of Victoria or the Commonwealth of Australia and any courts of appeal from these courts which will govern these Terms and any Claim, without regard to conflict of law provisions. Each of the Parties irrevocably submits to and accepts the exclusive jurisdiction of any of the Courts of the State of Victoria or the Commonwealth of Australia and any courts of appeal from these courts.

    Without prejudice to the foregoing, you agree that, in its sole discretion, Fandelo may also bring any Claim that we have against you related to efforts to abuse, interfere or engage with our Services and products in unauthorised ways in the country in which you reside that has jurisdiction over the Claim.

    • Date of last revision: December 2023