Our Terms and Conditions (“Terms”) were last updated in January 2024.
The “App” means the software program called ‘Fans have your say’ downloaded by You on any electronic device,and associated services including but not limited to the website at fans-haveyoursay.com, e-commerce facilities and any linked services.
By using the App you agree that You have read and agree to be bound by these Terms, which form the entire agreement between the Company (Herbert and Harry Pty Ltd t/as Fans have your say) and You.
Your access to and use of the App is also conditioned on your acceptance of the Privacy Policy of the Company. Please read our Privacy Policy carefully before using the App.
Your obligations
When You create an account though the App, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your account on the App.
You represent that you are over the age of 13 and if under 18 years of age have parental permission to use the Application.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password.
You acknowledge that the App is for personal use only and the data, information, survey results etc should not be relied on. You agree to use the App in good faith in accordance with the mission “to provide a platform to bring fans together to gather collective opinions on the sports they love and support”.
You understand that caution needs to be taken when sharing information, questions, data, results, phrases or any other material from or related to the App (“Content”) with third parties. You agree not to share Content in a way that is disrespectful, hateful, denigrating, defamatory or may cause injury to third partes. You understand that You are personally responsible for any loss or damage howsoever caused that results directly or indirectly from You sharing the Content.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. The Company may still pursue you to recover any loss or damage suffered as a result of Your breach of these Terms.
If You wish to terminate Your Account, You can email the Company and request your Account be deleted.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its Associates be liable for any special, incidental, indirect, or consequential damages or other losses whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the App, reliance on information, data or survey results or results provided on the App, third-party software and/or third-party hardware used with the App, or otherwise in connection with any provision of this Terms).
“AS IS” Disclaimer
The App is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the App. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the App will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected or warranties about the accuracy of the data.
Intellectual Property & License
The App and its original content, features and functionality are and will remain the exclusive property of the Company and its licensors. The App is protected by copyright, trademark and other Australian laws. You are prohibited from copying, reverse engineering or in any way seeking to replicate the App or create third party apps that interact with the App.
Our logos, phrases and trademarks may not be used in connection with any product or service, including marketing or promotional material, without the prior written consent of the Company.
You are granted a non-exclusive, worldwide Licence to perform, display and use the App until this Licence is revoked by termination of your account or the operations of the App cease.
Links to Other Websites
Our App may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
Governing Law
The laws of New South Wales, Australia shall govern this agreement.
Dispute Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company by email. The parties agree to proceed with alternative dispute resolution and where available, arbitration, before litigation.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. You will be advised when these changes occur and by continuing to access or use the App after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the App.
Contact Us
You can contact us:
- By visiting the website: fans-haveyoursay.com.au
- By sending us an email: