Terms & Conditions

FanForce Website Terms of Use

Access to and use of information on this website, including use of the services provided at www.[fan-force].com.au (our “Site”) is subject to the following terms and conditions (“Terms of Use”). Your use of the Site is deemed to be conclusive acceptance of the Terms of Use and our Privacy Policy.

  1. Who We Are

FanForce is an Australian film marketing agency that operates the Site.
If you have any questions or concerns, please contact us here:
Email:     info@fan-force.com
Post:       Suite 74, 61 Marlborough St, Surry Hills Sydney 2010

  1. Definitions
  • The terms “we”, “us”, “our” and “FanForce” refers to FanForce.
  • The term “Account Holder” refers to all individuals and/or entities who create and manage an account through this Site.
  • The term “Host” refers to all individuals and/or entities who register an account with this Site for the purposes of creating and managing a Screening on this Site.
  • The term “Ticketholder” refers to all individuals and/or entities who register an account with this Site for the purposes of either reserving or purchasing a ticket to a Screening through this Site.
  • The term “Screening” refers to a specialised single event film screening of cinematograph films and/or other audiovisual works (collectively referred to as “Films”) in specified venues as listed on the Site which are organised by Hosts.
  • The term “Tipping Point” refers to the minimum number of tickets required to be booked by a nominated date before a Screening may proceed. FanForce, at its sole discretion, sets both the minimum number of ticket purchases and the nominated date for a Screening to go ahead.
  • The term “User” refers to all individuals and/or entities accessing this Site for any reason, including both Hosts and Ticketholders.
  1. Modifications
  • Please check our Site and Terms of Use periodically for changes as we reserve the right to change, modify, add or remove these Terms of Use and any policies affecting the Site at any time.
  • Any such modifications made to the Terms of Use are effective as at the time of posting such changes or new terms on the Site.
  • In the event of a change to the Terms of Use, Users continued use of this Site following the posting of any changes constitutes acceptance of such changes.
  1. Purpose

The purpose of this Site is to enable FanForce to facilitate and enable Hosts to organise and sell tickets to specialised single event Screenings of Films in specified venues as listed on the Site.

  1. Our Website Services
  • Our website services are only available to adults over the age of eighteen (18) years.
  • By proceeding to promote a Screening, reserve or purchase a ticket or make a donation through our website in excess of the amount of your ticket, Users acknowledge that they are over eighteen (18) years of age or have the consent of a legal guardian to do so.
  • All prices on this Site are quoted in Australian Dollars (AUD) unless otherwise stated.
  1. Categories of Users

There are two (2) categories of Users identified, categorised as Hosts and Ticketholders, who hereby agree to use the Site in accordance to the terms set out as follows:

  • While Users may browse the Site, in order to reserve or purchase tickets to Screenings, Users must register an account with our website and become a Ticketholder.
  • In order to set up a Screening through this website, Users must register an account with our Site and become a Host.
  • On registration, Users will be required to provide a password.
  • Users must complete registration by providing certain information as set out on our registration page https://fan-force.com/my-account Please refer to the Privacy Policy https://fan-force.com/terms-of-service/ on our website for information relating to our collection, storage and use of the details provided on registration.
  • Account Holders agree to ensure that their registration details are true and accurate at all times and undertake to update such registration details as and when they change.
  1. Session Times and Details

This Site contains Screening session times and details for nominated venues which are regularly updated and subject to change and may change from time to time. FanForce does not guarantee the accuracy of the Screening session times and details but will use its reasonable efforts to keep the details accurate.

  1. Ticket Purchases and Refund Policy
  • An account Holder’s only option is to reserving a ticket with a Credit Card. Once the Screening has reached its Tipping Point, an email will be sent to the Account Holder containing a link to download and print the ticket purchased. In the event of a screening not reaching its Tipping Point Ticketholders will be issued a full refund for all tickets purchased. Refunds are automatically processed on the Deadline date and can take up to 5-10 days to reach Ticketholder’s banks.
  • Ticketholders are able to donate to charities and other third parties at the time of ticket purchase. This donation amount is in excess of the amount of your ticket purchase. Please note that an administrative fee of ten percent (10%) of the amount of donation is taken by FanForce with respect to any monies donated to charities through our Site.
  • We reserve the right, at our sole discretion, to set ticket prices of all Screenings on behalf of Hosts.
  • We reserve the right to not proceed with a Screening at our sole discretion, in which case Ticketholders will be entitled to a refund. No interest will be paid on this refund amount.
  • No refund will be given to Ticketholders in the event that they do not approve of the film upon its Screening.
  • GST applies to the purchase of products and services from this Site and will be charged at the time of purchase.
  • We will only issue a refund in the event of a screening cancellation or rescheduling that occurred after a customer purchased a ticket.
  • We do not issue refunds for change of mind or personal circumstances.
  1. Intellectual Property Rights
  • The copyright subsisting in all content on this Site, including the underlying software of the Site, literary, artistic, dramatic and musical works, sound recordings, cinematograph films, graphics, images, layouts, posters, text, trailers, teasers, film clips, videos and other media belongs to us, or we have a licence to use those materials. No unauthorised use of copyright materials is permitted.
  • We grant you a non-exclusive, revocable and personal licence to use the Site in accordance with the terms and conditions set out in this Terms of Use.
  • By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to exercise any copyright that the User may hold in the content in any way, in any media known now or in the future (including, without limitation, by reproducing, changing and communicating the content to the public) and permit us to authorise any other person to do the same.
  • Users further authorise us to use any content created by them as a sample on any of our promotional material relating to the Screening, FanForce or the Site.
  • You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
  • The licence in clause 9(c) will survive any termination of these Terms of Use.
  1. Privacy
  • Our compliance with privacy legislation is set out in our separate Privacy Policy [https://fan-force.com/privacy-policy] , which may be accessed from our home page.
  • By using this Site, Users acknowledge and agree that Internet transmissions are never completely private or secure. Users understand that any message or information Users send to the Site may be read or intercepted by others.

In addition to the collection of personal information as set out in FanForce’s Privacy Policy [https://fan-force.com/privacy-policy], you consent to PayPal and Authorize.net [Authorize.Net is a registered trademark of CyberSource, a Visa company] collecting your personal information and credit card details to process payments made by Account Holders on this Site.

  1. Rules of Use

Users agree to the following:

  • Users will not reprint, republish or distribute, in any way, any information or materials found on our Site.
  • Users will not provide to us or post on our Site any information that is not correct, such as an incorrect name, address, email address, donation amount or any other incorrect information.
  • Users will not publish any content that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.
  • Users will not post any materials on our site or include any comments or materials in any presentation in violation of any other party’s rights, including, but not limited to copyright or privacy rights.
  • Users will not attempt to reverse engineer, decompile or derive the source code of any of the software comprising or in any way used on our Site.
  • Users agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the website or application or any transaction being conducted on the website or application, or with any other person’s use of the website or application.
  • Products or services obtained from this Site may not be re-sold for commercial or promotional purposes, bundled with other goods and services or used for promotional purposes without FanForce’s prior written consent.
  • Where a Ticketholder purchases concession tickets online, suitable identification must be provided at the Screening.
  • You acknowledge FanForce’s right to enforce film classification requirements set by the Australian Classification Board at the Screening and Ticketholders will not purchase tickets to Screenings that you (and any persons on whose behalf you purchase tickets) are not legally entitled to see. FanForce reserves the right to insist that you provide suitable identification depending on a film’s classification.
  • All session details including cinema sizes, upgrades, ticket pricing,  and changes to the amount of available tickets is determined by FanForce at all times and can be changed by FanForce at any time. FanForce is not required to inform users of any changes made to sessions.
  • Any additional costs for for special requirements at screenings such as additional audio visual equipment, microphones, chairs, tables,  projection of additional on-screen materials,  food and beverage options and other similar items will be paid for by the user.
  • All Host payments and other funds raised through screenings shall be paid after 60 days from the day of the screening.

 

  1. Disclaimer of Warranties
  • Except as expressly stated in the Terms of Use, the material on this Site (including all content, software, functions, services, materials and information made available herein or accessed by means hereof) is provided as is, without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or content of the Screening.
  • You represent and warrant to us that:
  • You have the legal capacity to enter into these Terms of Use; and
  • You have complied with Clause 11.
  1. Limitation of Liability
  • Users assume full responsibility and risk of loss resulting from use of the Site.
  • Users acknowledge that the Site is an online on-demand Screening service which allows anyone to donate to a nominated charity upon purchase of a ticket to a Screening. Users acknowledge that FanForce is not directly involved in the ownership of charity funds or how such funds are redistributed.
  • FanForce bears no responsibility due to any inaccuracy or misleading information, loss or damage caused directly or indirectly by the information posted on this Site.
  • Under no circumstances shall we or any of our directors, officers, employees or representatives be liable for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages.
  1. Indemnity
  • Users agree to indemnify and hold us and our directors, officers, employees and representatives, harmless from any and all losses (including but not limited to legal fees) resulting from any claims that are asserted, or may be asserted, based on or relating to use, or the use of any individual using a Account Holder’s password of this Site.
  • Users agree to indemnify and hold us and our directors, officers, employees and representatives, harmless from any and all losses resulting from claims of third parties, including but not limited to legal fees that result in whole or in part from violations by Users of any of the Terms of Use of the Site or any individual using a Account Holder’s password.
  1. Responsibility for Use of Password
  • Certain features or services offered on or through the Site may require Users to open an account and thereby become a Host or Ticketholder (including setting up a FanForce username and password).
  • Account Holders are entirely responsible for maintaining the confidentiality of the information on their account, including password, and for any and all activity that occurs under a Account Holder’s account as a result of failing to keep this information secure and confidential.
  • Account Holder’s agree to notify us immediately of any unauthorised use of an account or password or any other breach of security at: [info@fan-force.com]
  • Users may not use another Account Holder’s FanForce password or account at any time without the express permission and consent of the holder of that FanForce password or account.
  1. Links to Other Sites

This Site and application may contain links to other independent third-party websites (‘Linked Sites’). These Linked Sites are provided solely as a convenience to our Site visitors. Such Linked Sites are not under our control and we have not reviewed the content of all Linked Sites, are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites or their terms of use. These Linked Sites are responsible for, and undertake to maintain, their own website terms of use. We suggest that Users carefully review the terms of use of each website accessed from our Site and application.

  1. Reporting Violations

If Users become aware that any other person is violating any of the Terms of Use of this Site, please notify us immediately by email at [info@fan-force.com]

  1. Assignments

Users may not assign, license or sub-license any rights hereunder.

  1. Exclusion Clause (Force Majeure)

We shall not be held liable for any delay or failure in performance of any part of these Terms of Use or presentation of a Screening from any cause beyond our control and without our fault or negligence, such as power blackouts, acts of hackers and other activities of third parties, or acts or omissions of third parties, telecommunications common carriers or acts, omissions, overloading or reduced speed over the Internet or any third party Internet service providers.

  1. Compliance With Law
  • Users may not use the website or any content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of us or others.
  • Hosts hereby acknowledge that it is the sole responsibility of the Host to ensure that by conducting fundraising in order to donate to nominated charities, Hosts are fully aware and have complied with any and all State and Commonwealth Acts and Regulations pertaining to charitable funding, including but not limited to: 
  1. Australian Charities and Not-For-Profits Commission Act 2012 (Cth)
  1. Australian Charities and Not-For-Profits Commission Regulation 2013 (Cth)
  • Charities Act 2013 (Cth)
  1. New South Wales: Charitable Fundraising Act 1991 (NSW); Charitable Fundraising Regulations 2008 (NSW);
  2. Victoria: Fundraising Act 1998 (VIC); Fundraising Regulations 2009 (VIC);
  3. Queensland: Charitable and Non-Profit Gaming Act 1999 (QLD); Collections Act 1966 (QLD); Collections Regulation 2008 (QLD);
  • South Australia: Charitable Purposes Act 1939 (SA), Collections for Charitable Purposes (Collection Bins) Regulations 1995 (SA);
  • Tasmania: Collections for Charities Act 2001 (TAS);
  1. Western Australia: Charitable Collections Act 1946 (WA); Charitable Collections Regulations 1946 (WA);
  2. Australian Capital Territory: Charitable Collections Act 2003 (ACT).
  1. Jurisdiction and Law
  • Users agree that the Terms of Use will be governed, construed and litigated in and in accordance with the laws of the State of New South Wales, Australia.
  • Users irrevocably submit to the laws and jurisdiction of the State of New South Wales, Australia.
  1. Termination
  2. These Terms of Use terminate automatically if, for any reason, we cease to operate the Site.
  3. In its sole and absolute discretion, with or without notice to you, FanForce may suspend or terminate a Account Holder’s account.
  4. A Account Holder may terminate her/his account for any reason by logging into the FanForce account, deleting the account and discontinuing use of the Site.
  5. Severability

The unenforceability or invalidity of any term, provision, section or subsection of the Terms of Use shall not affect the validity or enforceability of any remaining terms, provisions, sections or subsections of this agreement. Such remaining terms, provisions, sections or subsections shall be interpreted and construed in such a manner as to carry out fully the intention of the parties hereto.

  1. Stripe & Stripe Connect
  • Upon submitting their bank details, each Host is onboarded as a Connected Account
  • Customers purchasing a ticket to a Screening do so with the knowledge that, provided the Screening goes ahead, a percentage of the fee will be split between the Host and the Site.
  • The period in which the funds are to be held on the Site’s Stripe account is agreed by the customer at the time of the customers payment and, after the expiry of this period, if the Screening went ahead, the funds must then be transferred to the Hosts’ Stripe account for payout. The Site also agrees with the host that the payment owed to the Host is handled in this manner.
  • Stripe only provides a facility to the Site and Hosts to accept payments, and not to make payments.
  1. Entire Agreement

This Terms of Use embodies the entire agreement and understanding of the parties and supersedes all prior agreements, representations and understandings between the parties hereto relating to the subject matter hereof.