ULTIMATE FAN APP™
TERMS & CONDITIONS
The Ultimate Fan App website and associated mobile application software (“Services”) is owned and managed by Great Big Events Pty Limited, ABN 35 067 901 866 (“GBE”, “us”, “we”, or “our”).
GBE grants you a non-exclusive, revocable licence to access and use the Services subject to and in consideration of your compliance with the following terms and conditions of use (“Terms”). Your use of the Services constitutes your agreement to the Terms. If you do not agree with these Terms, you must not use our Services. Further, GBE may at any time in our sole and absolute discretion terminate your right to use the Services for any reason.
You warrant that you are at least 18 years old and that you are legally capable of entering into binding contracts. If you are under 18 years old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
GBE licenses the Ultimate Fan App mobile application to its customers including but not limited to sporting organisations, clubs, local organising committees and sporting federations (“Clients”). The aim of the Ultimate Fan App is help GBE’s Clients engage with their community and fan base by facilitating real time interactions including at live sporting events. The Ultimate Fan App mobile application has inbuilt fan engagement modules and games to help achieve this. In addition, the Clients provide content and material to our mobile application for you to use and enjoy free of charge (“Content”).
As part of GBE’s agreement with our Clients, GBE may provide them with access to personal information and personal data about who accesses our Services (“Users”). When we refer to your information, we are referring to your personal information, as defined under the Privacy Act 1988 (Cth). When we refer to your data, we are referring to your personal data, as defined under the General Data Protection Regulation ((EU) 2016/679).
Once personal information and data is shared with our Clients, they become a data controller of this data. The Clients will use the data shared to them to measure your response to Content, gauge your interests, contribute towards their own fan base research, business development and provide you with custom information about their products and services based on that information. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by our Clients are theirs alone and not of us.
GBE requires you to register and provide information that personally identifies you, including your email address, phone number, account information and post code for three primary purposes –
to allow us to better understand our product and what we need to do to enhance user experience;
to produce demographic and User feedback; and
to provide useful information to Clients so they can better understand their fan and community base.
THE USE OF OUR SERVICES
You are permitted to use the Services only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use our Services to view, display, use, play, and download Content subject to these Terms.
You may use the Services as an unregistered user, however you will only have limited access to the Services.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Services, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of GBE. You may not use electronic or other means to extract details or information from the Services.
In your use of our Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your use of our Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify GBE immediately of any circumstances where you have reason to believe that any intellectual property rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by GBE from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Services.
Further, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons; do anything that will infringe any intellectual property rights or other rights of GBE or any third party; or use our Services otherwise than in accordance with these Terms; use any trademarks or service marks of GBE or our Client, or do anything which may be seen to take unfair advantage of the reputation and goodwill of GBE.
GBE reserves the right to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.
GBE shall use its reasonable endeavors to make the Services available to you, but we cannot guarantee an uninterrupted and fault free service.
GBE reserves the right to make changes to the Services or any part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Services in our sole and absolute discretion.
GBE also reserves the right from time to time to monitor your Use of the Services.
When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Services without notice to you.
You are responsible for safeguarding the password that you use to access our Services and for any activities or actions under your password.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
The Content, features and functionality of our Services are and will remain the exclusive property of GBE. The Services are protected by copyright, trademark, and other laws of both the Australian and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of GBE. Nothing in these Terms constitute a transfer of any intellectual property rights from us to you.
Our intellectual property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
THIRD PARTY SITES
Where our Services contain links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and access to third party websites, networks and applications are entirely at your own risk.
GBE and/or its Clients make no representations about the suitability of the information contained or arising from the Services for any purpose. All information is provided "as is" without warranty of any kind. GBE and/or its Clients hereby exclude and disclaim all representations, warranties or guarantees with regard to the Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, GBE expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content and the Services. In no event shall GBE be liable for any special, indirect or consequential damages or any damages whatsoever whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or the Services.
GBE may alter or amend these Terms from time to time. Every time you wish to use our Services, please check that you have reviewed our most recently updated Terms. By continuing to use our Services after such amendment, you will be deemed to have accepted any amendment to these Terms.
These Terms shall be governed by and construed in accordance with the laws of New South Wales. You irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales to settle any dispute which may arise out of or in connection with these Terms.
If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the original intent, and the Terms shall continue in full force and effect.