Last updated: November 2024
Welcome to Tifansi (the “Platform”), a fan engagement Platform, provided to you by Tifansi Pty Ltd (ABN: 676148940). For purposes of these Terms, “you” and “your” means you as the user of the Services or as a person viewing our website. When we say (“Tifansi”, “us” or “we”) offer you access to http://www.tifansi.com , Tifansi.com.au and any other Tifansi branded website that links to or posts these Terms of Use (“Sites”).
We value your privacy and are committed to protecting it. This policy explains how we handle your personal information when you use our Platform. If you do not agree with our practices, please do not use our Platform.
For the terms and conditions that govern Tifansi’s Platform or Service, please see the Tifansi Terms of Service.
Before accessing and using the Sites, please read these Terms of Use as they form a legal agreement between Tifansi and you. By accessing our site you agree that:
You Have Read And Understand These Terms Of Use;
You Will Comply With These Terms Of Use;
You Have The Authority Agree To These Terms Of Use; And
You Are Over 16 Or At Least Legal Age Required By Law In Your Jurisdiction.
IMPORTANT NOTE: These Terms of Use contain provisions that limit Tifansi’s liability to you and require you to resolve any dispute with us on an individual basis and not as part of any class or representative action. Please see “DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” (Section 5) and “GOVERNING LAW; DISPUTE RESOLUTION” (Section 7) below for more information.
1. CHANGES TO TERMS OF USE
The Effective Date of these Terms of Use is shown at the top of this webpage. We may modify these Terms of Use from time to time. When we modify these Terms of Use, we will update the Effective Date. We will not make changes that have a material retroactive effect on your legal rights unless we need to do so by law or to protect the rights of other users. Your continued use of the Sites after the Effective Date means you accept the amended Terms of Use. The amended Terms of Use supersede all previous versions of or agreements, notices or statements of or about the Terms of Use. Any change to the dispute resolution provision will not apply to any dispute for which we have actual notice before the date the change is posted on the Sites.
2. PRIVACY
Please review our Privacy Policy to learn about the information that we collect from or about you when you use the Sites and how we process it.
If you still have questions about our privacy practices, please contact privacy@tifansi.com.
Please note that we reserve the right to disclose any information as we deem necessary to satisfy applicable law or a government regulator’s request.
Please use the precautions and security measures best suited for your intended use of the Sites. We do not and cannot guarantee the security of information provided by you through the Sites.
3. USING THE SITES
Intellectual Property
The Sites contain information, graphics, and other content protected by copyright, trademark, and other laws. We grant you a limited right to access and use the Sites, as long as you follow these Terms of Use. We reserve the right to monitor your activity on the Sites.
Limited Rights
We only give you the rights described in these Terms of Use. Nothing here gives you any rights to our trademarks, logos, service marks, patents, or other intellectual property. We reserve all rights not expressly granted.
Termination
We can terminate your access to the Sites if we believe you're violating these Terms of Use.
Your Responsibilities
Lawful Use: You can only use the Sites for legal business purposes.
Costs: You're responsible for any costs associated with using the Sites.
No Harm: You agree not to do anything that could damage or interfere with the Sites or other users' enjoyment of them. This includes:
Hacking or unauthorised access attempts.
Copying, modifying, or trying to gain unauthorised access to any part of the Sites.
Removing copyright or trademark notices.
Using robots or other automated tools to access the Sites.
Sharing, selling, or transferring your access to the Sites.
Reformatting or framing any part of the Sites.
Collecting personal information from others without their permission.
Your Submissions
We may offer areas on the Sites where you can share suggestions, feedback, or other information ("Submissions"). By submitting content, you represent that:
You own or control all rights to your Submission.
Your Submission is accurate.
Your Submission doesn't violate anyone else's rights.
Your Submission complies with all applicable laws.
Grant of Rights
When you submit content to us, you grant us a worldwide, non-exclusive, transferable, royalty-free, perpetual, and irrevocable right to use, reproduce, distribute, create derivative works of, and perform your Submissions in any media, now known or later developed. We can use your Submissions for any purpose, commercial or otherwise, without paying you.
Non-Confidential
All Submissions are considered non-confidential and non-proprietary.
Our Right to Edit or Remove
We reserve the right to edit, remove, or refuse to post any Submission. We are not responsible for any Submissions posted by you or anyone else.
4. LINKS TO OTHER WEBSITES AND SERVICES
Links to Other Websites
The Sites may contain links to other websites and services ("Linked Services"). We are not responsible for the content of those Linked Services. Linking to another website does not imply endorsement by Tifansi.
Access at Your Own Risk
You access Linked Services at your own risk. We don't investigate, verify, or monitor Linked Services. We provide links to Linked Services for your convenience only.
Check the URL
Please check the URL address in your browser to see if you're on the Sites or a third-party website.
5. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
Our Warranties and Your Responsibilities
Valid Agreement: We both warrant that we have the legal right to enter into this agreement.
"As Is" Basis: The Sites are provided "as is" and "as available" without any warranties, express or implied. We don't guarantee that:
The Sites will meet your needs.
The Sites will be uninterrupted or error-free.
Any errors will be corrected.
Your Risk: Your use of the Sites is at your own risk.
Limitation of Liability
No Liability for Damages: We are not liable for any indirect, special, or consequential damages arising from your use of the Sites.
Maximum Liability: Our maximum liability for any damages is limited to $100.
Essential Terms: These limitations of liability are essential terms, and we would not grant you the rights set forth in these Terms of Use without your agreement to them.
California Residents
If you're a California resident, you waive your rights under California Civil Code Section 1542.
6. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TIFANSI, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ADVISORS FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND EXPENSES, ARISING OUT OF A BREACH BY YOU OR ANY USER OF YOUR ACCOUNT OF THESE TERMS OR ARISING OUT OF A BREACH OF YOUR OBLIGATIONS, REPRESENTATION AND WARRANTIES UNDER THESE TERMS.
7. GOVERNING LAW; DISPUTE RESOLUTION
These Terms of Use and any issues arising under these Terms of Use will be governed by and construed in accordance with the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia.
8 .GEOGRAPHIC RESTRICTIONS
The Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law. Tifansi does not in any manner warrant or represent that the Sites are appropriate or available for use in any particular location. If you choose to access the Sites, you do so on your own initiative and you are responsible for compliance with all applicable laws.
9. TERMINATION
We can terminate these Terms of Use if you violate them. We may also terminate your access to the Sites, with or without notice, for any reason. For example, we may prohibit your use of the Sites if you are below 13 or an age where you are not legally permitted to view our site in your jurisdiction. Termination will not affect our other rights or remedies.
QUESTIONS AND FEEDBACK
If you have questions or feedback about these Terms of Use, please contact us at privacy@tifansi.com.