Terms and Conditions

Member Terms and Conditions

  1. Fantastic Fanatics Limited

1.1. Fantastic Fanatics Limited are a limited company  incorporated and registered in Scotland with company number SC601526 with a registered office at New Jasmine House, Greenbank Place, East Tullos Industrial Estate, Aberdeen, AB12 3BT.

1.2. For the purposes of these terms and conditions, “Fantastic Fanatics”, “us”, “our” or “we” relates to the said Fantastic Fanatics Limited.

1.3. By registering as a Member, you agree to be bound by these terms and conditions which constitute a binding contract between you and Fantastic Fanatics.

2. How We Work

2.1. Fantastic Fanatics shall provide the Member with a sports fundraising platform that benefits their Chosen Beneficiary (Platform).

2.2. The Platform and its associated services allow the Member to raise funds for any organisation listed on the Website. Every organisation featured has an agreement with Fantastic Fanatics (or one of our affiliated partners) authorising Fantastic Fanatics (or one of our affiliated partners) to collect commission on its behalf.

2.3. By registering as a Member you may raise funds for your Chosen Beneficiary by using your Registered Card at any one of the Approved Retailers. Each Approved Retailer has a dedicated page on the Website which describes the deals offered by the Approved Retailer from time to time and the conditions which apply in order for funds to be raised for their Chosen Beneficiary.

2.4. Subject to these terms and conditions, Fantastic Fanatics shall pay the Agreed Proportion of all Paid Commission to your Chosen Beneficiary.

3. Definitions

In these terms and conditions certain words will have the same meaning wherever they appear.  The words and their meanings are set out below.

Agreed Proportion: means the amount or percentage of commission advertised on our Website from time to time as being payable to the Chosen Beneficiary in respect of a Transaction by a Member.

Approved Retailers: means the retailers and affiliate networks from time to time listed on the Website.

Beneficiary: means the beneficiaries listed on our Website from time to time and eligible to be selected by you as your Chosen Beneficiary and Beneficiaries shall be construed accordingly.

Chosen Beneficiary: the sports organisation(s), you have chosen to support through the use of the Platform (and Chosen Beneficiaries shall be construed accordingly).

Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).

Member: refers to you, as a registered user of the Platform.

Paid Commission: refers to commission actually paid by the Approved Retailers to Fantastic Fanatics in respect of a Transaction.

Registered Card: the debit or credit card(s) registered by you on the Platform.

Transaction: a transaction by a Member at an Approved Retailer with a Registered Card which results in Paid Commission and Transactions shall be construed accordingly.

Website: www.fantasticfanatics.com/ and / or such other website / application as we operate from time to time.

UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

4. Registering as a Member

4.1. In order to register as a Member, you must complete and submit our online registration form indicating your agreement to these terms and conditions. By registering you warrant and represent to Fantastic Fanatics that:

4.1.1. you are aged 18 years or older;
4.1.2. you reside permanently in the United Kingdom;
4.1.3. all the information provided by you to Fantastic Fanatics is accurate and up-to-date;
4.1.4. you have only registered one account on the Platform;
4.1.5. you have not previously had an account with Fantastic Fanatics terminated under clause 6.5; and
4.1.6. you shall comply with these terms and conditions at all time.

4.2. It is your responsibility to inform us of any changes to the information which you have provided to us. You can do this at any time by updating your account details through the Platform.

4.3. As part of the registration process, you shall be asked to select a maximum of three Beneficiaries to which you wish to raise funds for and the proportions in which they will share. You may change your Chosen Beneficiary at any time through your account on the Platform.

4.4. When you register as a Member and choose a password and / or pin (as the case may be) (Login Details) to protect your secure account on the Platform, you are responsible for maintaining the confidentiality of your Login Details to prevent others gaining access to your account. If you become aware of any unauthorised use of your account, we recommend that you change your Login Details immediately and contact us for further support.

5. Use of the Platform

5.1. Once you are registered as a Member you may raise funds for your Chosen Beneficiary by using your Registered Card at any one of the Approved Retailers. The Platform sets out the deals offered by each Approved Retailer and the actions that a Member must undertake in order to raise funds for their Chosen Beneficiary.

5.2. The Platform uses a third-party payment processing partner to process and track all payments made by your Registered Card at an Approved Retailer. The information shall be used to identify, track and record Transactions. By tracking and recording the transactions, Fantastic Fanatics are able to ensure that the correct commission payments are made to your Chosen Beneficiary.  

5.3. All funds raised from Transactions are paid to Fantastic Fanatics as commission. The commission paid shall be retained by Fantastic Fanatics who shall distribute the Agreed Proportion to your Chosen Beneficiary in accordance with these terms and conditions. For the avoidance of doubt, no proportion of the commission is payable to the Member.

5.4. Fantastic Fanatics gives no warranty or undertaking in relation to the Approved Retailers failure to comply with their obligations including without limitation notifying Fantastic Fanatics of a Transaction or making payment of the applicable commission to Fantastic Fanatics. Notwithstanding any other provision of these terms and conditions, no commission shall be payable to your Chosen Beneficiary until the Approved Retailer has paid the applicable commission in full to Fantastic Fanatics.

5.5. Fantastic Fanatics shall use their reasonable endeavours to ensure that all Approved Retailers are reputable. Fantastic Fanatics gives no warranty or undertaking as to the veracity of the Approved Retailers or the activities and conduct of the Approved Retailers.

5.6. You acknowledge that if you decide to transact with one of the Approved Retailers this is a separate agreement between you and the retailer. Fantastic Fanatics shall have no responsibility or liability in respect of any goods or services provided by any of the Approved Retailers and gives no warranty as to the performance by any Approved Retailer.

5.7. Fantastic Fanatics undertake to verify the identity of all Beneficiaries before any funds raised are paid out. You acknowledge that whilst all Beneficiaries are subject to verification checks, Fantastic Fanatics gives no warranty as to veracity of the Beneficiary and accepts no liability whatsoever in relation to the method or means by which your Chosen Beneficiary uses any monies raised for them through the Platform. It is your sole responsibility to ensure that your Chosen Beneficiary is one that you wish to support.

5.8. In the event that your Chosen Beneficiary becomes unavailable to accept any contributions from the Platform, Fantastic Fanatics will contact you to choose a new Beneficiary. If you do not confirm a new Beneficiary within 6 months from the date we notify you, Fantastic Fanatics (at our sole discretion) reserves the right to pay any contributions received by the Platform to our selected charity.

6. Term, Suspension and Termination

6.1. Subject to these terms and conditions, the contract between Fantastic Fanatics and you shall continue until terminated by either party.

6.2. You may terminate your account with Fantastic Fanatics at any time by closing your account through the Platform. Please see our privacy policy for more information about our approach to deleting your personal data.

6.3. Fantastic Fanatics reserves the right (at their sole discretion) to suspend any account and / or use of the Platform (in whole or in part) if:

6.3.1. in Fantastic Fanatics reasonable opinion, the Member has breached (or Fantastic Fanatics suspects the Member may have breached) any of these terms and conditions;
6.3.2. your account has been inactive for more than 12 months; or
6.3.3. Fantastic Fanatics are carrying out maintenance of the Platform.

6.4. For the avoidance of doubt, suspension is not a waiver of any right of termination which Fantastic Fanatics may have under these terms and conditions.

6.5. Fantastic Fanatics reserves the right (in their sole discretion) to terminate an account with immediate effect if:

6.5.1. in Fantastic Fanatics reasonable opinion, the Member has breached any of these terms and conditions; or
6.5.2. your account has been inactive for more than 12 months.

6.6. Notwithstanding clause 6.5, Fantastic Fanatics reserves the right to terminate an account at any time upon providing the Member with two week’s written notice.

6.7. Upon termination of the account for any reason, all rights and benefits granted under these terms and conditions shall immediately terminate.

6.8. The accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.

7. Limitation of Liability

7.1. Fantastic Fanatics aggregate liability for losses, damages, costs and / or expenses (whether arising under contract, delict, statute or otherwise) in relation to these terms and conditions or any other agreement entered into with you shall not exceed the lower of (i) total amount of commission paid to your Chosen Beneficiary on behalf of you in the 12 months prior to the action giving rise to liability; and (ii) £50.

7.2. Notwithstanding clause 7.1, Fantastic Fanatics shall have no liability for losses, damages, costs, claims and / or expenses which arise as a consequence (whether direct or otherwise) of:

7.2.1. your misuse of the Platform;
7.2.2. information provided by you being incomplete, inaccurate, illegible, out of sequence, misleading, missing, late or deficient in any respect whatsoever; and / or
7.2.3. any other failure attributable to you and / or a third party, including without limitation your Chosen Beneficiary or an Approved Retailer;

and you shall indemnify us, on demand, in respect of same. We shall have no liability to you in respect of any indirect or consequential loss or damage (whether in the form of loss of profit or otherwise) howsoever arising. We shall have no liability to a third party for losses, damages, costs, claims and / or expenses which arise in connection with (whether directly or indirectly) services provided to you and you shall indemnify us on demand, in respect of same.

7.3. Nothing in these terms and conditions shall limit any liability which cannot legally be limited, including liability for:-

7.3.1. death or personal injury caused by our negligence; or
7.3.2. fraud or fraudulent misrepresentation.

8. Events Outside a Party’s Control

No party shall be liable to the other for any delay or non-performance of its obligations under these terms and conditions from any cause beyond its reasonable control.

9. General

9.1. The Member recognises that Fantastic Fanatics is always innovating and finding ways to improve the Platform with new features and services. Therefore, the Member agrees that the Platform may change from time to time and no warranty, representation or other commitment is given in relation to the continuity of any functionality of the Platform.

9.2. Fantastic Fanatics reserves the right to decline the application of a Member for any reason whatsoever.

9.3. Fantastic Fanatics reserves the right to make reasonable changes to any part of these terms and conditions from time to time. Unless otherwise required by law, we will notify you through the Platform before we make changes to these terms and give you an opportunity to review. If you do not wish to accept the changes you should not continue to use the Platform and terminate your account in accordance with clause 6.2.

9.4. The Website and its associated services may contain links to other websites, including without limitation the websites of Beneficiaries and Approved Retailers. Inclusion of a link to another website does not imply any endorsement of its content or opinions. Your relationship and any direct transactions with other people or organisations are at your own responsibility.

10. Intellectual Property

Fantastic Fanatics is the owner of or the licensee of all intellectual property rights in the Platform. The Platform (and the copyright, and other intellectual property rights of whatever nature in the Platform, including any modifications made thereto) are and shall remain the property of Fantastic Fanatics.

11. Notice

Any notice required or permitted to be given by Fantastic Fanatics shall be notified to you through the Platform.

Any notice required or permitted to be given by you to Fantastic Fanatics under this agreement shall be in writing to the address or email address set out on the Website from time to time.

12. Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. A waiver of any right or remedy under this agreement or by law is only effective if it is in writing.

13. Data Protection

13.1 The parties acknowledge that for the purposes of the Data Protection Legislation, Fantastic Fanatics is the Data Controller. Where, in connection with the provision of our services to you, we have received or obtained personal information (personal data) this will only be used for the provision of such services, for providing information about the services which we can provide, for updating and enhancing client records, for statutory returns and for legal and regulatory compliance.

13.2. By agreeing to these terms and conditions, you also give consent to the way we handle your personal information in accordance with our Privacy Policy and Cookies Policy. Further information on our data protection policies can be found at www.fantasticfanatics.com/privacy-policy/

14. Assignation

14.1. Fantastic Fanatics may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these terms and conditions.

14.2. The Member shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these terms and conditions, without the prior written consent of Fantastic Fanatics.

15. Third Party Rights

These terms and conditions do not create any rights in favour of third parties under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce or otherwise invoke any provision of these terms and conditions.

16. Severance

If any provision of these terms and conditions (or part provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to not form part of these terms and conditions, and the validity and enforceability of the remaining clauses of the terms and conditions shall not be affected. 

17. Governing Law and Jurisdiction

These terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by Scots Law and the courts of Scotland shall have non-exclusive jurisdiction.

Beneficiary Terms and Conditions

1. Fantastic Fanatics Limited

1.1. Fantastic Fanatics Limited are a limited company incorporated and registered in Scotland with company number SC601526 with a registered office at New Jasmine House, Greenbank Place, East Tullos Industrial Estate, Aberdeen, AB12 3BT.

1.1.1. For the purposes of these terms and conditions, “Fantastic Fanatics”, “us”, “our” or “we” relates to the said Fantastic Fanatics Limited.

1.2. By registering as a Beneficiary you agree to be bound by these terms and conditions which constitute a binding contract between you and Fantastic Fanatics.

How We Work

  • Fantastic Fanatics shall provide a sports fundraising platform that enables Members to raise monies for their Chosen Beneficiary (Platform).

  • Fantastic Fanatics have arrangements with certain retailers either directly or through affiliated networks. Under these arrangements if Members use their Registered Card to pay for goods or services, the Approved Retailer shall pay certain monies to Fantastic Fanatics as commission and Fantastic Fanatics will then pay the Agreed Proportion (or relevant part of it) to the Member’s Chosen Beneficiary in accordance with their instructions.

Definitions

In these terms and conditions certain words will have the same meaning wherever they appear.  The words and their meanings are set out below.

Agreed Proportion: means the amount or percentage of commission advertised on our Website from time to time as being payable to a Chosen Beneficiary in respect of a Transaction by a Member.

Approved Retailer: means the retailers and affiliate networks listed on our Website from time to time.

Beneficiary: means the beneficiaries listed on our Website from time to time and eligible to be selected by Members as their Chosen Beneficiary and Beneficiaries shall be construed accordingly.

Business Days: a day (other than a Saturday, Sunday or public holiday) when banks in Aberdeen are open for business.

Chosen Beneficiary: means the Beneficiary or Beneficiaries (as the case may be) selected by our Members as the Beneficiary or Beneficiaries (as the case may be) they wish to raise funds for.

Data Protection Legislation: the UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications).

Member: means an individual who has signed up to the Platform and Members shall be construed accordingly.

Paid Commission: refers to the commission actually paid by the Approved Retailer to Fantastic Fanatics in respect of a Transaction.

Registered Card: the debit or card card(s) registered by a Member on the Platform.

Trade Mark: the name ‘Fantastic Fanatics’ and any related registered or unregistered trade marks, devices and get ups that may be notified to you from time to time.

Transaction: means a transaction by a Member at an Approved Retailer with a Registered Card which results in Paid Commission.

Website: www.fantasticfanatics.com and / or such other website / application as we operate from time to time.

UK Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

Registering as a Beneficiary

  • In order to register as a Beneficiary, a person duly authorised to act on behalf of you must complete the application and submit our online application form indicating your agreement to these terms and conditions. By registering as a Beneficiary you warrant and represent to Fantastic Fanatics that:

  • you are is based in the United Kingdom;
    • you only have one account registered with Fantastic Fanatics;
    • you are a properly constituted sports related organisation;
    • you have not previously had an account with Fantastic Fanatics terminated under clause 9.3;
    • you have a UK bank account active in its own name for the purpose of receiving commission. Fantastic Fanatics reserves the right to seek confirmation of the authenticity of the bank account details provided and the beneficiary agrees to provide information when prompted to do so;
    • you have a sports related purpose which does not violate any applicable law and / or which is not otherwise: obscene, fraudulent or misleading, offensive, hateful, discriminatory, inflammatory or a promoter of violence, gambling or sexually explicit material. The Platform is a fundraising tool and is not intended to be used for private, personal or commercial gain. Fantastic Fanatics reserves the right (in its absolute discretion) to decide whether it considers the beneficiary appropriate to approve;
    • you shall comply with these terms and conditions at all times;
    • you shall provide information and / or documentation when requested by Fantastic Fanatics; and
    • all the information provided by you to Fantastic Fanatics is accurate and up-to-date.

  • It is your responsibility to inform us of any changes to the information which you have provided to us. You can do this at any time by updating your account details through the Platform.

  • As part of the registration process, you shall be asked to verify the authenticity and identity of your organisation. Fantastic Fanatics shall have the right to request any such documentation as it deems relevant.

  • Fantastic Fanatics is under no obligation to accept any application to become a Beneficiary. Fantastic Fanatics are under no obligation to disclose the basis upon which any decision to refuse the registration of a Beneficiary was made.

  • If your application is accepted Fantastic Fanatics shall send you an email confirming registration and provide you with access to your secure account on the Platform (Commencement Date).

  • When you register as a Beneficiary and choose a password and / or pin (as the case may be) (Login Details) to protect your secure account on the Platform, you are responsible for maintaining the confidentiality of your Login Details to prevent others gaining access to your account. If you become aware of any unauthorised use of your account, we recommend that you change Login Details immediately and contact us for further support.

Use of the Platform

  • The Platform uses a third-party payment processing partner to process and track all payments made by Registered Cards at an Approved Retailer. The information shall be used to identify, track and record Transactions. Fantastic Fanatics do not warrant that the information is correct and accept no liability in respect of inaccurate information provided by the third- party.
  • All funds raised from Transactions are paid to Fantastic Fanatics as commission. The Paid Commission shall be retained by Fantastic Fanatics and the Agreed Proportion (to the extent you have been nominated as a Chosen Beneficiary thereof by the Member) shall be paid to you, in accordance with clause 6.

  • Fantastic Fanatics shall use their reasonable endeavours to ensure that all Approved Retailers are reputable. Fantastic Fanatics gives no warranty or undertaking as to the veracity of the Approved Retailers or the activities and conduct of the Approved Retailers.

  • Fantastic Fanatics gives no warranty as to the performance of the Approved Retailers and accepts no liability whatsoever for the Approved Retailers failure to pay any commission due.

  • In the event that you are no longer eligible to accept commission from the Platform, Fantastic Fanatics will notify their Members to choose a new Beneficiary.

Payment of Commission

  • Fantastic Fanatics split the year into four quarters and at the end of each quarter will add up the total amount of commission paid by the Approved Retailers to us which you are eligible to receive in respect of that quarter (Entitlement).
    • In the event that the commission payment due to you in the relevant quarter is £15.00 or more, Fantastic Fanatics shall pay the Entitlement to you by BACS or Cheque within 21 Business Days of the end of the relevant quarter.

  • In the event that the commission payment due to you in the relevant quarter is £15.00 or less, Fantastic Fanatics shall carry this balance forward to the next quarter when the commission payment due to you is £15.00 or more.

  • It is your responsibility to ensure that all payment details are accurate prior to any payments being made by Fantastic Fanatics. Fantastic Fanatics accepts no liability in respect of payments made incorrectly where you provide incorrect payment details.

  • For the purposes of clause 6.1, the quarters are as follows:-

Quarter 1 ending 31st March;

Quarter 2 ending 30th June;

Quarter 3 ending 30th September;

Quarter 4 ending 31st December.

  • Fantastic Fanatics will endeavour to make payments within the timescales listed above, but may delay payments where it considers unusual activity to have taken place within your account or if it requires additional information (including but not limited to identity documentation) from you in order to ensure that payments are made correctly.

  • Fantastic Fanatics accepts no liability whatsoever for any late payments.

  • It is acknowledged by you that Fantastic Fanatics do not provide any guarantee in respect of the income generated through the Platform.

  • All sums payable by Fantastic Fanatics to you under this agreement:

  • are payable in the currency specified by Fantastic Fanatics; and
    • are exclusive of VAT.

  • Notwithstanding any other provision of these terms and conditions, no commission shall be payable by Fantastic Fanatics to you until the Approved Retailer has paid the applicable commission in full to Fantastic Fanatics.

Your Obligations

  • You undertake to use all reasonable endeavours to promote the Platform to your fans.

You undertake to provide Fantastic Fanatics with all necessary documentation requested by Fantastic Fanatics to verify the authenticity and identity of your organisation.

Fantastic Fanatics Obligations

  • Fantastic Fanatics shall use reasonable endeavours in making the Platform available to its Members and you.  

Fantastic Fanatics shall provide you with marketing material to promote the Platform.

Term, Suspension and Termination

  • Subject to these terms and conditions, the contract between Fantastic Fanatics and you shall commence on the Commencement Date and continue for a period of 2 years and annually thereafter until either party provides notice to the other party in accordance with clause 9.2 (Term).

  • Either party may terminate the contract at any time by providing the other party with no less than 6 months written notice.

  • Fantastic Fanatics reserves the right (at their sole discretion) to suspend any account and / or use of the Platform (in whole or in part) if:

  • in Fantastic Fanatics reasonable opinion, you have breached (or Fantastic Fanatics suspects you may have breached) any of these terms and conditions; or
    • Fantastic Fanatics are carrying out maintenance of the Platform.

  • For the avoidance of doubt, suspension is not a waiver of any right of termination which Fantastic Fanatics may have under these terms and conditions.

  • Notwithstanding clause 9.2, Fantastic Fanatics reserves the right (in their sole discretion) to terminate an account with immediate effect if:

  • in Fantastic Fanatics reasonable opinion you have committed a material breach of any of these terms and conditions; or
    • in Fantastic Fanatics reasonable opinion it considers supporting you as detrimental to its reputation.

  • Upon termination of the account for any reason, all rights and benefits granted under these terms and conditions shall immediately terminate. For the avoidance of doubt, in the event of a termination, all licences for you to use the Trade Mark and any other marketing materials shall come to an end and you shall comply with all requests from Fantastic Fanatics to destroy or delete the materials.

  • The accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.

  • On termination or expiry of these terms and conditions you shall remain entitled to receive any commission payments due to you and received by Fantastic Fanatics accruing from the Paid Commission up to the date of termination. If the £15 threshold has not been reached at the point of termination, Fantastic Fanatics shall allocate such monies as have been raised to our chosen charity (at our sole discretion).

Limitation of Liability

  1. Fantastic Fanatics aggregate liability for losses, damages, costs and / or expenses (whether arising under contract, delict, statute or otherwise) in relation to these terms and conditions or any other agreement entered into with you shall not exceed the lower of (i) the total amount of commission paid to you in the 12 months prior to the action giving rise to liability and (ii) £500.

  1. Notwithstanding clause 10.1, Fantastic Fanatics shall have no liability for losses, damages, costs, claims and / or expenses which arise as a consequence (whether direct or otherwise) of:

  1. your misuse of the Platform;

  1. information provided by you being incomplete, inaccurate, illegible, out of sequence, misleading, missing, late or deficient in any respect whatsoever; and / or
    1. any other failure attributable to you and / or a third party, including without limitation an Approved Retailer;

and you shall indemnify us, on demand, in respect of same. We shall have no liability to you in respect of any indirect or consequential loss or damage (whether in the form of loss of profit or otherwise) howsoever arising. We shall have no liability to a third party for losses, damages, costs, claims and / or expenses which arise in connection with (whether directly or indirectly) services provided to you and you shall indemnify us on demand, in respect of same.

  1. Nothing in these terms and conditions shall limit any liability which cannot legally be limited, including liability for:-

  1. death or personal injury caused by our negligence; or
    1. fraud or fraudulent misrepresentation.

Event’s Outside a Party’s Control

No party shall be liable to the other for any delay or non-performance of its obligations under these terms and conditions from any cause beyond its control.

General

  1. You acknowledge and recognise that Fantastic Fanatics are always innovating and finding ways to improve the Platform with new features and services. Therefore, you agree that the Platform may change from time to time and no warranty, representation or other commitment is given in relation to the continuity of any functionality of the Platform.

  1. Fantastic Fanatics reserves the right to make reasonable changes to any part of these terms and conditions from time to time. Any changes will be notified to you in accordance with clause 14. If you do not wish to accept the changes you should not continue to use the Platform and terminate your account in accordance with clause 9.2.

  1. The Website and its associated services may contain links to other websites, including without limitation the websites of Approved Retailers. Inclusion of a link to another website does not imply any endorsement of its content or opinions.

Intellectual Property

  1. Fantastic Fanatics is the owner or the licensee of all intellectual property rights in the Platform. The Platform (and the copyright, and other intellectual property rights of whatever nature in the Platform, including any modifications made thereto) are and shall remain the property of Fantastic Fanatics.

  1. Notwithstanding clause 13.1, Fantastic Fanatics grants to you, a non-exclusive royalty-free licence to use the Trade Mark during the Term for the sole purpose of promoting the Platform to your fans (Permitted Use).

  1. You irrevocably and irretrievably undertake to only use the Trade Mark for its Permitted Use.

  1. You undertake not to do, or omit to do, or permit to be done, any act which will or may weaken, damage, or be detrimental to the Trade Mark or the reputation or goodwill associated with the Trade Mark, Fantastic Fanatics or the Platform.

  1. You grant to Fantastic Fanatics, during the Term, a non-exclusive, royalty-free licence to use your name, logo and related trade marks (Beneficiary’s IP) for the sole purpose of promoting the Platform (Fantastic Fanatics Permitted Use).

  1. Fantastic Fanatics irrevocably and irretrievably undertake to only use the Beneficiary’s IP for Fantastic Fanatics Permitted Use.

Notice

Any notice required or permitted to be given by either party to the other under the contract shall be in writing addressed to the other party at its registered office or principal place of business or address specified on the application or such other address as may at the relevant time have been notified pursuant to this provision to the other party giving notice.

Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. A waiver of any right or remedy under this agreement or by law is only effective if it is in writing.

Data Protection

  1. Both parties will comply with the Data Protection Legislation where applicable and its own published representations and policies relating to the collection, usage, disclosure and security of Personal Data.

  1. If Fantastic Fanatics process any Personal Data as a result of these terms and conditions, you agree that Fantastic Fanatics does so as Data Processor and that you are the Data Controller in relation to such Personal Data.
    1. Fantastic Fanatics and you agree that, in relation to such Personal Data:

  1. Fantastic Fanatics will process the Personal Data only in accordance with the terms of these terms and conditions, the Data Protection Legislation and any lawful written instructions reasonably given to Fantastic Fanatics by you from time to time; and
    1. Fantastic Fanatics and you will both have in place appropriate technical and organisational security measures against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data.

  1. For the purposes of this clause 16, the terms “Personal Data”, “Data Processor”, and “Data Controller” shall have the same meaning as set out in the Data Protection Legislation.

  1. For further information about our data protection policies, please see:
    www.fantasticfanatics.com/privacy-policy/

  1. For information about the cookies we use, please see:
    www.fantasticfanatics.com/privacy-policy/

Assignation

  1. Fantastic Fanatics may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these terms and conditions.
  2.  
  3. You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under these terms and conditions, without the prior written consent of Fantastic Fanatics.

Third Party Rights

These terms and conditions do not create any rights in favour of third parties under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce or otherwise invoke any provision of these terms and conditions.

Severance

If any provision of these terms and conditions (or part provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to not form part of these terms and conditions, and the validity and enforceability of the remaining clauses of the terms and conditions shall not be affected.

Governing Law and Jurisdiction

These terms and conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by Scots Law and the courts of Scotland shall have exclusive jurisdiction.