FANDELO Pty Ltd ACN 93 648 550 190 ("Fandelo", "we", "us" or "our") provides a cloud-based talent management platform and related services ("Services") through our website at www.fandelo.com and our Fandelo platform and app ("Platform").
These Terms of Use ("Terms") govern your access to and use of our Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.
1. Acceptance of Terms
By accessing the Fandelo platform or making payment, you confirm that you:
- Have read, understood, and agree to these Terms and our Privacy Policy
- Are authorised to bind any entity on whose behalf you are acting
- Will comply with all applicable laws and regulations
2. Account Access and Eligibility
Account Creation: Only Fandelo may create new accounts. Access to our Services is by invitation only.
User Invitations: Depending on permission levels assigned by Fandelo or your account administrator, you may invite additional users to join your account.
Account Authority: You represent that you have the authority to enter into these Terms and that your use of the Services complies with all applicable laws.
3. Service Description
Our Services provide talent management capabilities for the business practice of managing talent including athletes, influencers, TV personalities, and similar individuals in professional capacities.
Permitted Use: You may use our Services solely for legitimate talent management purposes as intended and described in our platform documentation.
Service Modifications: We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time with reasonable notice.
4. Account Types and Service Limitations
Trial/Free Accounts:
- Electronic signature functionality is not available for trial or free accounts
- Usage limits and feature restrictions may apply as determined by Fandelo
- Service levels and feature availability may change during trial periods
- Trial accounts may be subject to data reset at Fandelo's discretion with reasonable notice
Trial Expiration: At the conclusion of your trial period, if you have not entered into a paid service agreement, your access to the account and Services will be terminated. You will lose access to all data and functionality within your trial account.
Account Upgrades: Transition to paid services requires entering into a separate paid service agreement with additional terms and payment obligations.
5. User Content and Data
Service License: You grant Fandelo a limited, non-exclusive license to access, store, process, and manage the content and data you upload ("User Content") solely for the purpose of providing our Services to you and maintaining platform functionality.
Your Legal Authority: By uploading any User Content, you represent and warrant that you:
- Have all necessary rights, permissions, and legal authority to upload and use such content
- Are authorised to share any personal information, business data, or third-party content included
- Have obtained all required consents from individuals whose personal information you upload
- Comply with all applicable privacy, data protection, and employment laws
Confidential Nature: We acknowledge that User Content may include highly sensitive and confidential information including personal identifiable information, contracts, commercial deal details, and other proprietary business information.
Content Responsibility: You are solely responsible for:
- Ensuring you have legal rights to all User Content before uploading
- The accuracy, completeness, and legality of all User Content
- Obtaining necessary permissions for any third-party content, personal data, or confidential information
- Compliance with applicable privacy, data protection, and confidentiality obligations
- Any claims arising from your upload or use of User Content
6. Prohibited Activities
You agree not to:
- Use the Services for any unlawful purpose or in violation of applicable laws
- Upload content that infringes intellectual property rights of others
- Attempt to gain unauthorised access to our systems or other users' accounts
- Reverse engineer, decompile, or attempt to extract source code from our Services
- Interfere with or disrupt the integrity or performance of our Services
- Use the Services to transmit malicious code or conduct harmful activities
7. Privacy and Data Protection
Your privacy is governed by our
Privacy Policy. By using our Services, you consent to the collection, use, and processing of your information as described in our
Privacy Policy.
We implement industry-standard security measures to protect your data, but you acknowledge that no system is completely secure.
8. Account Termination
Termination by Fandelo: We may suspend or terminate your account immediately if you:
- Breach these Terms, our Privacy Policy, or any applicable paid service agreement
- Engage in activities that may harm our Services or other users
- Fail to pay applicable fees (for paid accounts)
Effect of Termination: Upon termination:
- Your access to the Services will cease immediately
- We may retain your User Content in accordance with our data retention policies and legal obligations, or as authorised by law.
- Provisions of these Terms that by their nature should survive will continue to apply
Data Deletion Rights: Users may delete most of their own data within the platform, subject to certain restrictions as determined by Fandelo for operational, legal, or compliance purposes.
Account Deletion: Users cannot delete their own accounts. Account deletion requests must be submitted to Fandelo for review.
9. Data Retention
Following account termination, we will retain your User Content in accordance with:
- Our legitimate business interests
- Legal and regulatory requirements
- Our Privacy Policy provisions
You may request information about data retention periods by contacting us at
support@fandelo.com.
10. Disclaimers and Limitations
Service Availability: Our Services are provided "as is" and "as available." We do not guarantee continuous, uninterrupted access to our Services.
Disclaimer: To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability: Except in cases of gross negligence, wilful misconduct, or as otherwise required by law, our total liability to you shall not exceed the amount paid by you to Fandelo in the twelve months preceding the claim.
11. Indemnification
You agree to indemnify and hold harmless Fandelo from any claims, damages, or expenses arising from:
- Your use of the Services
- Your User Content
- Your violation of these Terms or applicable laws
12. Modification of Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
- Posting updated Terms on our website with a new effective date
- Sending notice to your registered email address
Your continued use of the Services after notice constitutes acceptance of the modified Terms.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of Victoria, Australia. Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration in Melbourne, Australia, in accordance with the ACICA Expedited Arbitration Rules.
14. General Provisions
Entire Agreement: These Terms, together with our
Privacy Policy and any applicable paid service agreement, constitute the entire agreement between you and Fandelo.
Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.
Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
Waiver: No waiver of any provision shall constitute a waiver of any subsequent breach. All waivers must be in writing.
15. Contacting Us
If you require further information regarding our Terms of Use or wish to make a complaint, please contact us in writing at
support@fandelo.com or send mail to: FANDELO Pty Ltd, PO Box 208, South Melbourne, VIC, Australia, 3205
Last Updated: 2025-10-17 11:45
