European Union, European Economic Area & United Kingdom
Version Date: 1 September 2024
This document and all other documents referred to make up these Terms of Service (the "Terms") which is a legally binding agreement between you and Fanmeka Europe Limited, a company registered in the Republic of Ireland under company number 754146 with its registered office at Bymac Centre, Northwest Business Park, Blanchardstown, Dublin 15, Ireland.
These Terms apply to you if you reside or are established in the European Union (“EU”), the European Economic Area (”EEA”) or the United Kingdom (”UK”) and you use Fanmeka. Fanmeka is not currently available outside of the EU, EEA and/or UK.
To make these Terms easier to read, we will refer to Fanmeka Europe Limited as "Fanmeka", "our", "we", or "us". We will refer to you as "you", and we will refer to a user who creates an account on Fanmeka as a "User".
In some instances when describing interactions between Users we will differentiate between "buyer" Users (each, a "Buyer") and "seller" Users (each, a "Seller"). If you are an individual using Fanmeka for purposes that are wholly or mainly outside of your trade, business, or profession, we may sometimes refer to you in these Terms as a “Consumer User” or, if you are a Consumer User and a Buyer, a “Consumer Buyer”.
If you are not a Consumer User, you will be referred to as a “Business User” and, if you are a Business User and a Seller, a “Business Seller”.
Additional terms, policies and rules may apply to your use of Fanmeka as published from time to time (“Other Policies”). The main ones to be aware of are set out below for your information:
Please review these Terms and Other Policies before you begin using Fanmeka. By using Fanmeka, you accept and agree to be bound and abide by these Terms and our Other Policies, each of which are incorporated in these Terms by reference. If you do not agree to these Terms and our Other Policies, you are not allowed to, and you must not, access or use Fanmeka.
Fanmeka is a platform accessible via mobile application that permits Users to set up Accounts, to browse the application, Sellers to market and advertise products by scheduling a live video stream (each a “Livestream”), creating listings (each a “Listing”), and that connects Buyers and Sellers of certain products (each an "Item"), that can result in a purchase of an Item (a "Transaction"), (cumulatively and individually, the "App"). Any reference to the App includes any features and associated functionalities and services that Fanmeka makes available to you via the App. We provide more in-depth information on registering to use the App and Transactions in the sections below.
In offering the App, Fanmeka acts as an intermediary platform provider to allow Users to communicate and connect with each other in connection with the advertisement, sale and purchase of Items. Fanmeka is authorised by the Seller to accept, on its behalf, orders from Buyers for the purchase of an Item which the Seller makes available for sale on the App, and such acceptance will result in the conclusion of a contract for the sale of the relevant Item from the Seller to the Buyer in accordance with these Terms. You acknowledge that, where payment of any amount payable to the Seller by the Buyer in respect of an order is made to Fanmeka, this shall discharge the relevant Buyer’s obligation to the Seller to the extent of the amount paid and received by Fanmeka.
We use a third party company to process payments (the “Payment Processor”) by Buyers and to pay out funds to Sellers and Buyers, and it is a condition of these Terms that the Sellers will be subject to and must comply with the Payment Processor's Terms of Service. The agreement between a Seller and the Payment Processor is a matter for those parties, and we are not responsible for or liable for the acts or omissions of either the Seller or Payment Processor in the performance of those Payment Processor terms and conditions.
Buyers are solely responsible for the purchase of and payment for Items that may be available on or through the App and related Transactions. Sellers are solely responsible for all Listings and any content uploaded in connection with their Account, and Fanmeka is not responsible for any descriptions, photographs, assurances of authenticity, assurances of quality, disclaimers, warranties, terms of use or performance of any Items or Transactions, or otherwise.
Fanmeka is a platform. Fanmeka facilitates transactions between the buyer and seller on the App but is not a party to any sales contract between the buyer and seller of items or between any users unless expressly stated otherwise on the App or in these Terms.
You must be at least 18 years old in order to create an Account. By creating an Account, you represent and warrant that you are at least 18 years of age, and meet all of the eligibility requirements of these Terms. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and provisions of these Terms, you may not create an Account, and must cease or prevent any use of any existing Account(s).
Teens between the ages of 13-17 may use the App only if they are using an Account created by their parent or legal guardian and are doing so with the permission and under the supervision of that parent or legal guardian. Any and all User Information associated with the Account must be that of the parent or legal guardian.
Fanmeka does not prohibit any Fanmeka Representatives use of the App, except in relation to participating in a Fanmeka Giveaway (Section 12.1). All Fanmeka Representatives who are acting as Users must abide by these Terms. "Fanmeka Representative" is a reference to Fanmeka, and each of their subsidiaries including our directors, officers, members, managers, employees, and affiliates.
In order to create Listings, to sell and buy Items, and to enter into Transactions, through the App, a User must first create a Fanmeka account ("Account"). A User may create an Account by selecting a user name; providing certain requested information (such as first name and last name), which, for the purposes of these Terms, will be considered (together with any content supplied as part of any application to become a Seller, if applicable) "User Information"; and accepting these Terms.
Once an Account is created, if the User wishes to schedule Livestreams, create Listings and to sell Items, the User will need to apply to become a Seller by applying via the App to become a Seller, after which point the User may be permitted, at our discretion, to schedule Livestreams, create Listings and to sell Items on the App. All applications to become a Seller must be approved by us in advance of any Seller to schedule Livestreams, create Listings, selling Items, or entering into Transactions on the App. All User Information you provide to register within the App, is collected and processed in accordance with our Privacy Policy.
It is a condition of your use of the App that all the User Information you provide is, current, complete, accurate, and not false or misleading. Whilst Fanmeka does not verify or ensure such User Information is correct, accurate, complete and not misleading, we reserve the right to do so.
It is your responsibility to protect your personal data and maintain the confidentiality of your User Information. You agree to notify us immediately if you suspect or become aware of any unauthorised use of your Account or User Information, or any unauthorised breach of your Account or User Information.
You also acknowledge that your Account and User Information is personal to you and agree not to allow any other person to access the App or any portion of it using your User Information. In the event you share your Account or User Information with others, you do so at your own risk. You acknowledge you are the owner and controller of your Account and are responsible, accountable, and liable for all access to and/or use of your Account and User Information, even if such access and/or use was not authorised.
Fanmeka will not be liable for any loss that you may incur as a result of someone else using your Account or User Information, either with or without your knowledge.
Subject to Section 11 for Business Sellers, we reserve the right to withdraw or amend: (i) the App; and (ii) any feature or material we provide as part of the App; in our sole discretion without notice. In addition, the App may automatically be upgraded and updated without notice to you. We will not be liable if for any reason if all or any part of the App is unavailable at any time or for any period.
In addition to our rights under Section 10 and subject to Section 11 for Business Sellers, we reserve the right to: (i) refuse the use of, or access to, the App; (ii) restrict access to the App, or any portion of it; and (iii) disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
For the purposes of these Terms, “User Content” shall mean any content that you may upload, post, publish or transmit (such as via a Livestream) through the App or otherwise provide to us in connection with the App, including, without limitation, any text, photographs, videos, voice recordings, performances, sound recordings, and any embodied musical works, including videos that incorporate locally stored sound recordings from your personal music library or ambient noise, feedback or comments.
You agree that you will not (and will not encourage or enable another User or third party to):
Although we are not legally obligated to monitor access to or use of the App or to review or edit all User Content unless specified in Regulations, we may carry out some monitoring for the purpose of operating the App, to ensure compliance with these Terms and to comply with any applicable Regulations. We reserve the right to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we consider it objectionable or in breach of these Terms or if we receive a complaint about such content from other Users or third parties. We have the right to investigate breaches of these Terms or conduct that affects the App. Unauthorised use of the App or posting of unlawful User Content may result in criminal and/or civil prosecution under certain Regulations.
If you become aware of misuse of our App or wish to report any User Content that does not comply with these Terms, please contact us at usersupport@fanmeka.com.
Without limiting any term or provision of these Terms, we have the right to consult with, make reports to and fully cooperate with any law enforcement authorities in respect of Users who breach Regulations. We may be required to comply with court orders requesting or directing us to disclose the identity or other information of anyone posting any User Content (including by posting Listings) on or through the App.
You may use the App for your personal use only in accordance with these Terms. Subject to these Terms, we hereby grant you a limited, revocable, personal, non-sublicensable, non-transferable, and non-exclusive license to access and use the App. You will use the App in full compliance with all applicable Regulations with regard to your use of the App. We reserve all rights that are not expressly granted to you under these Terms.
You must not post any User Content on or through the App or transmit to us any User Content that you consider to be confidential. When you submit User Content through the App, you agree, warrant and represent that you own that User Content, or you have received all necessary permissions, consents, waivers and clearances, or are otherwise authorised to submit it to the App and grant the licenses to such User Content as described in these Terms.
You or the owner of your User Content still own the copyright in User Content sent to us (subject to any pre-existing third party rights for which you agree you have consent to use), but by submitting User Content via the App, you hereby grant us to the greatest extent permissible under applicable Regulations, a non-exclusive, royalty-free, fully transferable, fully sublicensable, irrevocable, unlimited, worldwide license for the maximum duration possible under applicable Regulations to use, exploit, modify, adapt, edit, cut, crop, reproduce, make derivative works of, publicly perform, publish and/or transmit, and/or distribute and/or make available to the public and to authorise other Users and third-parties to view, access, use, download, modify, adapt, edit, cut, crop, reproduce, make derivative works of, publish and/or transmit and/or make available to the public your User Content in any format and on any platform, either now known or hereinafter invented.
By posting User Content to or through the App and to the maximum extent permitted by applicable Regulations you waive: (i) any rights to prior inspection or approval of any marketing or promotional materials related to such User Content; (ii) any and all rights of publicity; and (iii) any other rights of a similar nature to (i)-(ii) in connection with your User Content, or any portion of it. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any such User Content provided that you are able to do so under Regulations. You further grant us a royalty-free license to use your name, image, voice, and likeness to identify you as the source of any of your User Content or otherwise in connection with our use of your User Content, if applicable and subject always to any Regulations.
We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and we will not be liable in any way for any User Content except as determined by applicable Regulations.
In deviation from Section 3.8 (Your Rights to Use the App) and 3.9 (Rights in User Content), if you are a Consumer User residing in France, the licence granted in Section 3.8 of the Terms is granted for the duration of these Terms between you and us. The licence granted in Section 3.9 of the Terms in respect of User Content is granted worldwide for the duration of protection of intellectual property rights. Any reference to the waiver of moral rights under these Terms is not applicable to you.
Fanmeka has built the App in order to provide Users with the ability to connect with other Users to coordinate Transactions. The degree to which Users may interact and know each other's identity or identifying information and the degree to which Fanmeka helps facilitate User interactions may vary from time to time, but at no time shall Fanmeka require that Users interact with each other outside of the App.
You should protect yourself at all times, use you best judgement and take great safety precautions when meeting or interacting with other Users. You are solely responsible for your safety and any interaction you have with any other User.
We require that Users comply with all applicable Regulations regarding Transactions, which may include licensing, business registration, consumer protection laws, product liability, and other legal requirements. We also require Users to comply with our Fanmeka Community Guidelines. It is solely the responsibility of each User, and not of Fanmeka, to determine which laws are applicable to them and ensure that they are in compliance with such laws and that they have all necessary rights and licenses to list, buy and sell any Items. You acknowledge and agree that the use, listing, auctioning, purchase, distribution, promotion, advertising, and sale of certain Items are subject to Regulations, including, but not limited to, firearms, recalled products, products for use by children, food, alcoholic beverages, coins, and currency. You expressly represent that you shall comply with all Regulations relating to your use, listing, auctioning, purchase, distribution, promotion, advertising, and sale of any Items through the App.
If you are a Business User, you shall at all times defend, indemnify and hold Fanmeka harmless from, and against, all causes of action, claims, demands, judgments, liabilities, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable legal fees) of any nature or kind, arising for Fanmeka or any of its shareholders, members, partners, agents, and joint venturers or any Fanmeka Representative under or resulting from: (i) your use, purchase, listing, or distribution of any Items in breach of any Regulations; (ii) your use of the App in connection with the purchase of Items subject to any Regulations; and (iii) your alleged or actual breach or breach of any Regulations.
Please Note: While we require Users to comply with applicable Regulations, we do not guarantee or represent that: (i) all Users will be in compliance with applicable Regulations while using the App; (ii) Transactions occurring through the App comply with applicable Regulations; or (iii) all User Content and communications occurring through the App comply with applicable Regulations. To the extent permitted by applicable Regulations and except as otherwise expressly stated in these Terms (including the Supplementary Terms), we hereby disclaim all liability for any claims arising from, in connection with or relating to: (i) a User’s compliance with applicable Regulations while using the App; (ii) Transactions between Users; and (iii) whether Transactions occurring through the App are in compliance with applicable Regulations.
It is free to create an Account and use the App. However, Buyers and Sellers are required to pay fees to Fanmeka related to Transactions in consideration for Fanmeka facilitating Transactions on the App. These fees are detailed on our Costs & Charges Schedule (the "Costs & Charges Schedule"), and are inclusive of VAT as applicable. The Costs & Charges Schedule forms part of these Terms, and may be updated or amended from time to time in accordance with these Terms. You may close your Account or cease to enter into Transactions at any time if you do not agree to pay the revised fees as set out in the Costs & Charges Schedule. Due to the presence of these potential fees, Users intending to enter into Transactions will be required, upon registering their Account, to enter a desired payment method as prompted ("Payment Method").
You authorise Fanmeka and/or its Billing Agent (as defined in Section 5.3) to bill you in a manner consistent with the fee structure as found in the Costs & Charges Schedule. Fees and charges that are due to Fanmeka as a result of a Transaction are automatically billed to your Payment Method upon a Transaction. All payments due in respect of a Transaction must be made using the App and you may not make direct payment arrangements with any User for payment to be made outside of the App.
You must provide Fanmeka with current payment information upon registration, change of payment information, and at Fanmeka's request. You are solely responsible for maintaining and updating your payment information and for ensuring you are authorised to use the payment information that you submit to Fanmeka. Fanmeka is not liable for any insufficient funds, chargebacks, or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your Payment Method or under your agreement with the Payment Processor.
The following shall apply if you sign up for an Account:
If the Payment Method on file is declined or otherwise rejected for any fee or membership charge, the User shall have 24 hours to provide updated information and payment. Failure to resolve within the 24 hour grace period may, at Fanmeka's sole discretion, result in termination of your Account without a refund. If a User wishes to reactivate their Account after deactivation related to failure to pay a fee, they will be required to satisfy any debts owed to another User or to Fanmeka before a new Account can be created.
Sellers may list an Item for auction or fixed price sale, the latter being referred to as “Buy-It-Now” or “BIN”, in the App. By listing an Item in the App, Sellers create a binding offer to sell that particular Item at an agreed price in the case of an auctioned Item, or a specified price in the case of BIN Item, in both cases referred to as the "Listing Price". When a Listing Price aligns with a Buyer's specified buying price (an "Offer"), the App processes an automatic purchase Transaction, and a legally binding contract is formed between the Buyer and the Seller at this point (the “Sales Contract”). The Buyer's Payment Method is immediately charged the total amount of the Transaction, which includes the purchase price. Each Buyer is responsible for ensuring that an order is complete and accurate. The order process is only available in the English language and we will not file a copy of any Sales Contract.
Upon the occurrence of a Transaction, Seller ships the Item to Buyer. Fourteen (14) days following the occurrence of a Transaction, to allow sufficient time for the Item to be received and inspected by the Buyer, the applicable purchase price, less any applicable fees payable by the Seller to Fanmeka in accordance with our Costs & Charges Schedule, will be transferred to the Seller via the Payment Processor (a "Payout Transaction"). The amounts available for Payout Transactions may be reflected on the App as the Seller's Fanmeka Account Balance (“Balance”), via the Payment Processor. It is your responsibility to ensure that all information provided is accurate for a proper transfer of funds from the Payment Processor to a User. Fanmeka may be unable to recover money transferred to an improper or incorrect account based on the information provided by Users. Seller shall be responsible for the cost of fees charged by the Payment Processor for transfers, and Seller should review the Payment Processor’s Terms & Conditions as rates are subject to change and are beyond the control of Fanmeka.
Please note that the sale of stolen goods, goods taken without authorisation, and otherwise illegally obtained goods on the App is prohibited. If you have reason to believe that an Item listed on the App was illegally obtained, please contact us immediately by emailing usersupport@fanmeka.com. Listing illegally obtained items may, in addition to any other rights or remedies specified in the Terms, result in your Listing(s) being cancelled, your Listings and Items being hidden on the App or your Account being suspended from the App.
Fanmeka reserves the right to terminate or suspend orders, cancel purchases, or to remove Listings, for a User’s breach of these Terms.
In addition to the general requirement in Section 4.2 to comply with all applicable Regulations in respect of Transactions, Sellers are responsible for the accuracy of an Item's description and all content within a Listing. Sellers are required to ensure that in each Listing: (i) the Item matches exactly the image(s) that is presented on the App; (ii) the described condition of the Item is a true and accurate description of the condition of the Item; (iii) the price for the Item (including any shipping costs) is clearly and prominently stated; (iv) the Item listed will be safe, fit for purpose and in the quality described in the Listing for that Item; (v) all relevant safety information and documentation will be provided in respect of the relevant Item; and (vi) contain any information regarding the Item that is required to comply with applicable Regulations and to effect the Transaction. Once a Listing is live on the App, Sellers may offer that Item for sale elsewhere however Sellers must promptly de-activate the relevant Listing if that Item is successfully sold elsewhere, or becomes damaged or unavailable in the manner described in the Listing for any reason.
Upon a Transaction, Sellers are required to ship the Item in accordance with Fanmeka's Shipping Policy, which forms part of these Terms.
Business Sellers that enter into Sales Contracts with Consumer Users are required to comply with all applicable Regulations in respect of such Transactions, including mandatory consumer protection laws. For more details, please see Section 11.
Sellers who are Consumer Users and enter into Sales Contracts with other Users are advised to publish a returns policy for any Items listed for sale on the App. Please be aware that under the Sales Contract, certain contractual obligations will apply to all Sellers and you may be liable to a Buyer if you fail to comply with these obligations.
Fanmeka may, at its sole discretion, impose consequences on Sellers who, in our opinion, violate these Terms, including but not limited to:
(i) charging an additional fee as damages in the amount of 15% of the total Transaction amount, or €10.00 (EUR) for Transaction less than €50.00 (EUR), whichever is greater, plus applicable Taxes (if any) and additional amounts that may be necessary to reflect the use of coupons, promotional specials, or gift certificates, and amounts that reflect the cost of a replacement Item, unless Seller can prove that damage has not occurred or is substantially less than the lump sum;
(ii) removing of any or all Seller Items from the App;
(iii) cancelling of any or all of Seller's pending Transactions;
(iv) withholding of any payments due to Seller for up to 30 days or until the violation has been remedied;
(v) limiting Seller's ability to buy and/or sell Items;
(vi) charging Seller, via the Payment Method or otherwise, or setting-off with claims owed to Seller for costs, expenses and fees incurred by Fanmeka as a result of Seller’s action or inaction, including the cost of refunds or reimbursements issued to buyers for undelivered, misrepresented, or otherwise non-compliant Products or Orders, chargeback or reversal of payment, the value of coupons and gift certificates provided to the Buyer, reprinting fees, rerouting charges imposed by carriers, and the costs of collecting from Seller, or otherwise as a result of Seller’s failure to properly comply with these Terms;
(vii) temporarily or permanently suspending Seller's Account. Seller hereby authorises Fanmeka to take any of the above actions as Fanmeka deems appropriate and refer any unpaid amount to collections.
Fanmeka may require Sellers to directly handle refund and return requests from Buyers through the functionality of the App. In such cases, Seller will bear the financial costs and responsibilities of issuing refunds to Buyers, and Fanmeka is not responsible or liable to the applicable Buyers or any third party for any such refunds. When directly handling refund and return requests from Buyers through the functionality of the App, Seller shall at all times comply with Fanmeka’s Returns Policy and Buyer Protection Policy, and will not conduct any activities in connection with handling returns and refunds that are fraudulent, false, misleading, abusive, or deceptive. For clarity, Fanmeka is not responsible for, and has no duty to monitor, the actions and inactions of Sellers when Sellers are handling returns and refunds; and Fanmeka may at any time and at its discretion terminate or suspend Seller’s direct access to Buyers in connection with handling Buyers’ refund and return requests, including without limitation, at the request of the Buyers.
When a Buyer places an Offer, the Buyer is responsible for the completion of payment of the Transaction amount, including all additional fees and taxes. More information regarding costs and charges can be found in our Costs & Charges Schedule. Upon a Transaction, a Buyer authorises Fanmeka to charge the Buyer's Payment Method. Each Buyer is responsible for updating Payment Method information as necessary to ensure sufficient funds and accurate information that will allow the satisfaction of payment obligations arising from a Transaction.
Consumer Buyers who enter into Sales Contracts with Business Sellers benefit from certain legal protections under mandatory consumer protection laws in respect of each Sales Contract, including the cancellation / withdrawal rights set out below. For all other Buyers, your rights to cancel the Sales Contract or return an Item are as set out in the Seller’s own returns policy published on the App, if applicable, or as otherwise determined by applicable Regulations.
The following provisions only apply in cases where a Sales Contract has been concluded between a Consumer Buyer and a Business Seller and references to a “Buyer” and a “Seller” in the following provisions shall be interpreted as such.
A Buyer has a legal right to change their mind and cancel / withdraw from a Sales Contract with a Seller under Regulations for certain Items, as explained in more detail below. A Buyer’s right to change their mind does not apply in certain circumstances, for example it does not apply to:
(i) any bespoke Items that a Buyer may purchase from a Seller (i.e. Items that a Seller creates to the Buyer’s specification or are clearly personalised or have been uniquely selected at your request and provided to you);
(ii) Items which are newspapers, periodicals or magazines;
(iii) Items received sealed for health protection or hygiene reasons once unsealed;
(iv) sealed audio, video, and trading cards once unsealed (either prior to, or after, your receipt of such Items); and
(v) Items once they have been inseparably mixed after delivery (see below for details).
If applicable, the right to cancel / withdraw from a Sales Contract will expire 14 days from the day on which the Buyer acquires, or a third party indicated by the Buyer (other than the shipping carrier) acquires, physical possession of the eligible Items (“Cooling-Off Period”). The Buyer may cancel / withdraw from the Sales Contract in respect of all eligible Items delivered or in respect of certain of the eligible Items only. Where an order is delivered in separate parts, lots or pieces, the Cooling-Off Period will expire 14 days from the day on which the Buyer acquires, or a third party indicated by the Buyer (other than the shipping carrier) acquires, physical possession of the last eligible Item, part, lot or piece being sold under the Sales Contract.
To exercise the right to cancel / withdraw, the Buyer must inform the Seller of the decision to cancel / withdraw from the Sales Contract by sending an email to Fanmeka at usersupport@fanmeka.com. To meet the cancellation / withdrawal deadline, it is sufficient for the Buyer to send said email concerning the exercise of the right to cancel / withdraw to us before the Cooling-Off Period has expired.
💡Cancellation Email Template
Subject: Cancellation - {Order Reference Number}
I/We hereby give notice that I/We wish to cancel the following contract of sale:
{Sign-Off}
Following receipt of the above referenced email, Fanmeka will then perform the obligations of the Seller under applicable Regulations in respect of the cancellation / withdrawal and will provide the Buyer with instructions on how to return the eligible Items purchased (at Fanmeka’s cost) and/or claim a refund for the cancelled Sales Contract.
If the Items have been delivered to the Buyer, Fanmeka may withhold reimbursement until the Items have been received by Fanmeka or the Buyer has supplied evidence of having sent back the Items to the address specified by Fanmeka, whichever is earliest. Once Fanmeka has received the Items or evidence that the Items have been returned, Fanmeka will make the reimbursement for any eligible Items within 14 days. If no Items have been supplied, the reimbursement will be made within 14 days after the day on which Fanmeka is informed about a Buyer’s decision to cancel/withdraw from the Sales Contract.
Fanmeka is entitled to make a full or partial deduction from the reimbursement for loss in value of any Items supplied, if the loss is the result of the Buyer handling the Item beyond what is necessary to establish the nature, characteristics and functioning of the Items.
A Buyer has legal rights in relation to Items that are not as described, faulty, capable of being returned because of failure to comply with a statutory term, warranty or guarantee, or otherwise not fit for purpose. If you believe that any Items that you have purchased as a Buyer do not conform with these Terms, please first refer to Fanmeka’s Returns Policy and Buyer Protection Policy. Thereafter, if you need to contact Fanmeka, please contact us usersupport@fanmeka.com.
Each Seller must ship the Item directly to the Buyer. Fanmeka, through our Payment Processor, will issue payment to Seller fourteen (14) days following the occurrence of a Transaction, to allow sufficient time for the Item to be received and inspected by the Buyer. In the event that a Buyer disputes the Item or the Transaction for any reason, Fanmeka may, delay the distribution of payment, request the Item be sent to Fanmeka, request the Item be returned to the Seller, or issue a refund to the Buyer. This list of actions is meant to be illustrative rather than exhaustive.
Fanmeka may provide, in the App, historical Fanmeka sales data and estimated values for Items. Fanmeka is under no obligation to provide such data, but rather may choose to do so for the benefit of its Users. Fanmeka's historical sales data and estimated values in no way suggest or guarantee that Items will sell for an amount that is close to or that exceeds the amount of any past Transaction or for estimated value. We hereby disclaim all liability for any claims arising from, in connection with or relating to any historical sales data or estimated values for Items that we may provide on the App.
The placement and ranking of Livestreams by Sellers on the App is determined by the following factors: (i) the date and time the Livestream is scheduled to occur, (ii) the product category / categories of the Item(s) you are offering for sale; and (iii) the relevance of your Livestream to search terms entered on the App.
We may restrict or suspend a Livestream from the App if we believe it contravenes these Terms. If you are a Business Seller, we shall endeavour to provide you with a written statement of reasons for our decision. For the avoidance of doubt, we do not review any Livestream prior to it being scheduled and are not obliged to once it is live on the App, but we reserve the right to take down and/or restrict access to any Livestream that we believe contravenes these Terms.
Sellers are permitted to conduct an auction during a Livestream on the App for the bidding and purchase of Items (”Auctions”), and/or the sale of Buy-It-Now Items (”BIN”) at fixed / pre-determined prices. The defined term Transaction as used in these Terms, will include Livestreams, as applicable.
Whenever you upload or transmit User Content through the App in connection with a Livestream, you must comply with the Rules & Standards for Livestreams, as may be updated by Fanmeka from time to time. You warrant that your User Content complies with those rules and standards. Please be aware that when you stream on the App as a Seller, Fanmeka may record and store your stream and make a copy available to the public in accordance with Section 3.9 and as further described in our Privacy Policy.
If you participate in or host a Livestream, you agree to be bound by and pay all fees according to the Rules & Standards for Livestreams and the Costs & Charges Schedule, as may be updated by Fanmeka from time to time on written notice in accordance with these Terms. Each Seller that hosts a Livestream must clearly and prominently display the price for the Item (which may change in the case of an Auction) including shipping. These fees are subject to change by the Seller and the particular Item for sale and are set by the Seller. In offering the App, Fanmeka acts as an intermediary platform provider to allow users to communicate and connect with each other in connection with Transaction, including Auctions and BINs. Fanmeka is not an auction house and we are not conducting live auctions. Fanmeka is authorised by the Seller to accept, on its behalf, orders from Buyers for the purchase of an Item which the Seller makes available for sale on our App, and such acceptance will result in the conclusion of a contract for the sale of the relevant Item from the Seller to the Buyer in accordance with these Terms. You acknowledge that, where payment of any amount payable to the Seller by the Buyer in respect of an order is made to Fanmeka, this shall discharge the relevant Buyer’s obligation to the Seller to the extent of the amount paid.
In the case of an Auction, the rules for how bids are accepted, bid increments, and the conditions the Buyer must meet to purchase an Item is at the discretion of the Seller. Seller acts as an auctioneer and makes the sole, final determination concerning bidding on an Item, and the resolution of any disputes; provided that Fanmeka reserves the right to cancel an Auction or a related Transaction if it determines that a bid was made in error.
Unless otherwise specified by Regulations, you are solely responsible for all costs incurred by you in using the App (including in relation to a Transaction) and for determining, fulfilling and complying with your obligations under Regulations to register, manage, collect, report and pay all applicable Taxes, as well as any applicable related penalties, fines, charges or late payment interest. “Tax(es)” in these Terms means the taxes, duties, levies, tariffs, and other governmental charges that you may be required by Regulations to pay, collect and/or remit to governmental agencies or bodies, including but not limited to VAT or other sales taxes, indirect or other withholding and personal or corporate income taxes. We recommend that you seek professional advice about your tax obligations in connection with your use of the App.
You are solely responsible for maintaining all relevant tax records and complying with any reporting requirements you may have as related to our App and the sale of Items on the App, as applicable. You are further solely responsible for independently maintaining the accuracy of any record submitted to any tax authority including any information derived from the App. We reserve the right to report any activity occurring using the App to relevant tax authorities and we may be required under Regulations to share information about you with certain tax authorities from time to time.
To the maximum extent permitted by Regulations, you shall at all times defend, indemnify and hold Fanmeka harmless from, and against, all causes of action, claims, demands, judgments, liabilities, investigations, losses, damages, awards, penalties, fines, costs and expenses (including, but not limited to, reasonable legal fees) of any nature or kind, arising for Fanmeka or any of its shareholders, members, partners, agents, and joint venturers or any Fanmeka Representative under or resulting from your: (i) breach of this Section or your obligations under Regulations in respect of Taxes; and/or (ii) failure to provide Fanmeka with accurate information in respect of Taxes.
All purchase prices are VAT inclusive on Fanmeka. Please refer to our Costs & Charges Schedule which details a number of scenarios and outlines how VAT is treated in each case.
In the case of sales made by Consumer Users, as distinct within these Terms from Business Sellers (refer to Section 1.2), who use the App for purposes that are wholly or mainly outside of your trade, business, or profession, Fanmeka, regardless of the value of the Transaction, will:
(i) calculate the amount of VAT included in the sale price, based on the domicile of the Buyer;
(ii) retain the amount of VAT collected within the Transaction and remit the net proceeds from the Transaction to the Seller in accordance with Section 6 of these Terms; and
(iii) remit the amount of VAT collected within the Transaction to the relevant tax authority within the jurisdiction of the Buyer’s domicile
We recommend that you seek professional advice about your tax obligations and any associated reporting requirements. Fanmeka assumes no responsibility for monitoring the tax obligations, or indeed compliance with said obligations, of Sellers.
In the case of sales made by Business Sellers, as distinct within these Terms from Consumer Users (refer to Section 1.2), Fanmeka, regardless of the value of the Transaction, will:
(i) calculate the amount of VAT included in the sale price, based on the domicile of the Buyer;
(ii) remit the amount of VAT collected within the Transaction along with the net proceeds from the Transaction to the Seller in accordance with Section 6 of these Terms; and
(iii) notify the Seller, via the Payment Confirmation email sent following the successful completion of a Transaction, of the domicile of the Buyer along with confirmation of the amount of VAT included in the value of the Transaction, such that Business Sellers have all information required to ensure the accurate and timely remittance of VAT to the relevant tax authorities, as applicable.
We recommend that you seek professional advice about your tax obligations and any associated reporting requirements. Fanmeka assumes no responsibility for monitoring the tax obligations, or indeed compliance with said obligations, of Sellers.
All purchase prices are exclusive of Import Duties at the time of sale. Buyers are liable for Import Duty, as and when applicable.
Fanmeka and its licensors are the sole owners of all right, title, and interest in and to the App, including all software and technology in it, as well as any and all intellectual property rights arising in or therefrom. Except as otherwise provided in these Terms or as authorised in writing by Fanmeka, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, scrape, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products, materials, or services obtained from the App. If you wish to make any use of material provided as part of the App other than as set out in these Terms, please address your request to: usersupport@fanmeka.com.
Any use of the App not expressly permitted by these Terms is a breach of these Terms and may breach copyright, trademark, database and other laws. We reserve all rights that are not expressly granted to you under these Terms.
Fanmeka respects the intellectual property rights of others and requires you to do the same as a condition of using the App. If you believe that any content on the App (including User Content) infringes your copyright or other intellectual property rights, you can report content (including User Content) to us by emailing usersupport@fanmeka.com with the subject line “Copyright Complaint”.
Please include the following information in your “Copyright Complaint”:
You may terminate your agreement to these Terms by closing your Account. Please note that if you are a party to a Sales Contract you will not be able to close your Account if there is a dispute under the Sales Contract (e.g. non-payment or non-delivery). You can close your Account on the App or by contacting us by emailing usersupport@fanmeka.com.
In accordance with our Enforcement Policy, if you breach any of these Terms, we may immediately do any or all of the following (without limitation): (i) issue a warning to you; (ii) temporarily or permanently remove any User Content, including any scheduled Livestreams and Listings uploaded by you to the App; (iii) temporarily or permanently withdraw your right to use the App; (iv) suspend or terminate your Account; (iv) issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs); (v) take further legal action against you; and/or (vi) disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
If we terminate your Account, any unfulfilled Sales Contracts you have entered into will also terminate. If you are a Buyer under such Sales Contract(s) we will refund any money you have paid in connection with such unfulfilled Sales Contracts following such termination, unless it is the subject of a dispute in which case we will refund it once the dispute is resolved.
On termination of your Account for any reason: (i) except where the provision above applies, if you are a Seller you shall immediately pay all outstanding unpaid fees and other charges and fees due to us under these Terms; (ii) your access to the App will be revoked; and (iii) the licence granted in Section 3.8 of these Terms will cease.
We shall pay any refund due to you on termination of your Account no later than 30 days from the date of termination. We shall pay such refund to the same means of payment as you used for the last Transaction on the Account.
You agree and acknowledge that you must use a great deal of care and caution in all interactions with other Users, whether such interactions occur by phone call, electronic communication outside of the App, or in-person interactions. In the event that Users interact on the App, Fanmeka encourages all Users to take proper precautions. If the identity of another User is discovered and leads to an interaction that either User considers inappropriate for any reason, Fanmeka encourages the User to contact us at usersupport@fanmeka.com.
Before using the App and entering into a transaction you must acknowledge that you are aware of the risks associated with using the App and entering into a transaction.
Subject to Section 10.3 and the supplementary terms for applicable EU users:
⚠️ Important Note: This Section 10.3 applies to Consumer Users.
Nothing in these Terms excludes or limits our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation; and
(iii) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
If we fail to comply with these Terms, we are responsible for loss or damage that you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the App.
We supply the App to Consumer Users for domestic and private use. You agree not to use the App, or any content on the App, for any commercial or business purposes and accordingly we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Our total liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to one hundred EUR (€100.00).
If you are a Consumer User residing in France, paragraph 3 of Section 4.2 (User Legal Compliance), Section 10.2 (No Warranties) and paragraph 4 of Section 10.3.1 (General Limitation of Liability) shall not apply to you and instead the following terms shall apply:
Nothing in these Terms excludes or limits our liability towards Consumer Users residing in France if we breach any of our obligations under these Terms.
The following legal conformity warranty will apply to any digital services that we may provide to you via the App pursuant to the French Consumer Code.”
“The consumer is entitled to the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity during the period of the supply of digital content or the digital services which are offered by the professional from the supply of the digital content or the digital service. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal guarantee of conformity entails the obligation to provide all the updates necessary to maintain the conformity of the digital content or the digital service during the period of the supply of digital content or the digital services.
The legal guarantee of conformity gives the consumer the right to bring the digital content or digital service into conformity of the digital service without unjustified delay following his request, at no cost and without major inconvenience for him.
The consumer can obtain a price reduction by keeping the digital content or the digital service, or he can terminate the contract by obtaining a full refund against renunciation of the digital content or the digital service, if:
The consumer is also entitled to a reduction in price or to rescission of the contract when the lack of conformity is so serious that it justifies the reduction in price or rescission of the contract being immediate. The consumer is then not required to request that the digital content or digital service be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer is only entitled to the cancellation of the contract if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or the digital service with a view to bringing it back into conformity suspends the guarantee which remained to run until the supply of the digital content or the digital service again in conformity.
These rights result from the application of Articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.
The professional who in bad faith obstructs the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which may be increased up to 10% of the average annual turnover (Article L. 242-18-1 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects in application of the Articles 1641 to 1649 of the civil code , for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the digital content or digital service is retained, or to a full refund against waiver of the digital content or digital service.
If you are a Consumer User residing in Germany, paragraph 3 of Section 4.2 (User Legal Compliance), Section 10.2 (No Warranties) and Section 10.3.1 (General Limitation of Liability) of the Terms shall not apply to you and instead the following terms shall apply:
Unless otherwise stated in this Appendix, we shall be liable for a breach of contractual and non-contractual obligations in accordance with the statutory provisions. We shall be liable for damages - irrespective of the legal grounds - within the framework of fault-based liability in the event of intent and gross negligence.
In the event of simple or slight negligence, we shall be liable, subject to statutory limitations of liability (e.g., due care in own affairs; insignificant breach of duty) only: (a) for damages arising from injury to life, body, or health (i.e., death or personal injury); and (b) for damages arising from the breach of a material contractual obligation (obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however our liability shall be limited to compensation for the foreseeable, typically occurring damage.
These limitations do not apply in case of fraud, fraudulent misrepresentation, if we have fraudulently concealed a defect, have given a guarantee of quality, or have assumed a procurement risk. Furthermore, any mandatory statutory liability, in particular under the Product Liability Act, shall remain unaffected.
The limitations of liability resulting from this Section shall also apply to our executive bodies, legal representatives, employees, staff and vicarious agents and/or other persons for whose fault we are responsible in accordance with statutory provisions.
Subject to the above, we assume no liability for any damages or losses caused by any unforeseeable, unavoidable and uncaused events beyond our reasonable control.
All other liability on our part is excluded.
Any dispute that arises between you and another User is to be resolved by you and such User. Fanmeka has no responsibility to resolve any User dispute and shall not be liable for any damages arising from any such User dispute.
If you have a dispute with Fanmeka (and not another User), you can find out more information on online dispute resolution by following this link to the website of the European Commission. This link is provided as required by Regulation (EU) No. 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution and have chosen not to do so.
If you are a Consumer User residing in France, you have the right to request a mediator to solve a dispute under these Terms. Please contact us at usersupport@fanmeka.com for details of the mediators that we have appointed.
The following provisions apply to Business Users only. To the extent any specific provision of this Section 11 conflicts or is inconsistent with any other provision in the Terms, the specific provision in this Section 11 will prevail.
If you are acting on behalf of a Business User, you represent and warrant that: (i) you have full legal authority to bind your employer or that User; and (ii) you agree to these Terms on behalf of the User that you represent.
If you are a Business Seller, you must inform us of such during the Seller application process when applying to sell on Fanmeka and you must notify us of any changes to your Seller status.
Business Sellers are reminded of their obligations under Section 4 to comply with all Regulations applicable to their use of the App. This includes, but is not limited to, complying with consumer protection legislation in the jurisdictions where Consumer Buyers are based. All Business Sellers agree to comply with our Business Seller Policy.
If you are a Business Seller and a Consumer Buyer returns any Item directly to you pursuant to these Terms, you agree to promptly inform us of the return / cancellation request and appoint us to manage this process on your behalf. You agree that you sell the Item to us and that title to the Item will transfer to us when we receive the returned Item from a Consumer Buyer provided that you have received full payment for such Item. Subject to this, we shall not be responsible for and we hereby expressly exclude any and all other liability that may arise out of or in connection with any Sales Contract or Transaction between Users.
We may suspend or terminate your Account and prohibit you from entering into any Sales Contracts or otherwise accessing the App for a breach of any material term of these Terms or any Sales Contract. Where we terminate your Account due to breach of a material term of these Terms or any Sales Contract, we shall provide you with 30 days’ prior notice of the termination and, subject to the remainder of this Section 11, a written statement of reasons for that decision.
We may also, without advance notice, suspend or terminate your Account and prohibit you from entering into any Sales Contract or otherwise accessing the App if:
(i) we are subject to a legal or regulatory obligation which requires us to terminate the provision of the whole of the App to you in a manner which does not allow us to provide advance notice;
(ii) there is an imperative reason pursuant to Regulations;
(iii) we can demonstrate that you have repeatedly infringed these Terms and/or ignored warnings that we have sent to you; or
(iv) we reasonably believe that your Account is or has been the subject of any fraudulent or other illegal activity or money laundering (or any attempt at the same) or excessive amounts of chargebacks, whether or not such activity or attempted activity is due to your acts or omissions. In such circumstances, we will provide you with a written statement of reasons except where we are subject to a legal or regulatory obligation not to provide the specific facts or circumstances or the reference to the applicable ground or grounds, or where we can demonstrate that you have repeatedly infringed these Terms, resulting in termination of the provision of the App to you.
On termination of your Account as a Business Seller for the reasons specified above:
(i) you will be prohibited from creating any further Accounts; and
(ii) all unfulfilled Sales Contracts entered into by you will be terminated and you will not receive any Balance due under such Sales Contracts.
On termination of your Account for any reason:
(i) your Account will be deleted;
(ii) you shall immediately pay all outstanding unpaid fees and other charges due under these Terms;
(iii) you will not have access to the information provided or generated by you;
(iv) the licence granted in Section 3.8 will cease; and
(v) we will transfer any outstanding Balance to you within 45 days of the effective date of termination.
Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
Subject to Section 11.6:
Nothing in these Terms excludes or limits our liability for:
(i) death or personal injury caused by our negligence;
(ii) fraud or fraudulent misrepresentation; or (iii) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
Subject to this:
(i) our total aggregate liability to you in respect of any loss or damage suffered and arising out of or in connection with these Terms, whether in contract, tort (including negligence) or otherwise shall be limited to one hundred Euro (€100.00);
(ii) in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise; and
(iii) you shall indemnify and hold us harmless against any and all losses, costs, liabilities and expenses suffered or incurred by us and any Fanmeka Representative as a result of:
(a) any breach of these Terms by you;
(b) your use of the App, including with respect to any Transaction in which you are involved;
(c) your disputes with other Users;
(d) your User Content; or
(e) your breach of any other User’s or third party’s rights.
For contractual purposes, you (i) consent to receive communications from Fanmeka in an electronic form via the email address you have submitted; and (ii) agree that all Terms, agreements, notices, disclosures, and other communications that Fanmeka provides to you electronically satisfy any legal requirement that such communication would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, consistent with and as described in more detail in our Privacy Policy. You may opt out of such email by changing your Account settings or sending notice of opt out to usersupport@fanmeka.com or by clicking the ‘Unsubscribe’ link in any email that we may send to you.
Subject to our rights under Section 9, we may amend or add to these Terms by providing no less than 15 days' notice to you in writing (the "Change Notice"), save that if the amendments or additions require you to make technical or commercial adaptations, we will provide you with such longer notice period, if necessary, as is reasonable in the circumstances (the "Extended Notice Period").
Subject to the remainder of this Section, you may cancel your agreement to these Terms before the expiry of the relevant notice period set out in the Change Notice. You may waive your right to cancel by means of a written statement or clear affirmative action after receipt of the Change Notice. By continuing to use the App after receipt of the Change Notice, unless you have indicated your intention to cancel or if the Extended Notice Period applies, you shall be deemed to have waived your cancellation right.
The requirement for us to provide advance notice for any amendments or additions to these Terms shall not apply where:
(i) we are subject to a legal or regulatory obligation which requires us to change these Terms in a manner which does not allow us to respect the notice period referred to above; or
(ii) we have exceptionally changed these Terms to address an unforeseen and imminent danger related to defending the App, the services available through the App or the users of the App from fraud, malware, spam, data breaches or other cybersecurity risks. You can cancel your Account by contacting us using the details set out in Section 9.
These Terms are governed by Irish law. Each party irrevocably agrees that the courts of the Republic of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter or formation.
From time to time, Fanmeka may offer promotional giveaways ("Fanmeka Giveaways"). This Section 12 sets out some key terms that apply to Fanmeka Giveaways, however in the event of a live Fanmeka Giveaway, we will inform you of the additional promotional terms which apply to that particular Fanmeka Giveaway ("Fanmeka Promotional Terms"). The rules of a Fanmeka Giveaway are subject to change from time to time, and Users are responsible for reviewing these Terms and any applicable Fanmeka Promotional Terms, rules, or other notices provided to Users in respect of the Fanmeka Giveaway.
Description: Fanmeka Giveaways are giveaways that run for a limited period of time. The duration of a Fanmeka Giveaway may vary, and will be designated for each Fanmeka Giveaway as per the Fanmeka Promotional Terms. Fanmeka Europe Limited is the promoter of each Fanmeka Giveaway. Each User who engages in a Fanmeka Giveaway acknowledges and accepts that Fanmeka is responsible for the collection and processing of User entries, and should there be any questions, Users are encouraged to reach out to Fanmeka by emailing usersupport@fanmeka.com.
Eligibility: Fanmeka Giveaways are only available to Users of the App. Fanmeka Representatives may not participate in Fanmeka Giveaways, except as a sponsor to the Fanmeka Giveaway. Similarly, immediate family members (including parents, step-parents, legal-guardians, children, step children, siblings, step-siblings, spouses) or household members (including individuals who have shared a residence with any Fanmeka Representative for the three month period immediately prior to the Fanmeka Giveaway), are prohibited from participating in the Fanmeka Giveaway.
How to enter: Fanmeka creates various opportunities for Users to enter Fanmeka Giveaways. Users may have the opportunity to enter multiple times, but if Fanmeka suspects that any User is attempting to manipulate a Fanmeka Giveaway, such suspected manipulation may result in:
(i) the removal of all entries tied to the User;
(ii) a ban from current and future Fanmeka Giveaways;
(iii) removal of any or all User's Items or Listings on the App;
(iv) cancellation of any or all of User's pending Transactions on the App;
(v) withholding of any payments due to User; and
(vi) limitations on User's ability to buy and/or sell Items.
Winners: Fanmeka will conduct a random draw to determine the winner(s) of each Fanmeka Giveaway. Odds of winning will vary depending on the number of eligible entries received for each Fanmeka Giveaway. Fanmeka will notify the winner(s) of each Fanmeka Giveaway by sending an email to the e-mail address provided by the User. The winner(s) must confirm identity and entry following a win of a Fanmeka Giveaway. The failure to confirm following an attempted notification will result in forfeiture of the Fanmeka Giveaway prize. By entering a Fanmeka Giveaway, all entrants agree that Fanmeka may provide the User's first name or surname and/or username (if applicable), in a publicly available winners' list, that can be accessed by request, unless the participant notifies Fanmeka that they do not wish Fanmeka to make these details available. Please note that if applicable, Fanmeka may nonetheless be required to provide the names of all prize winners to applicable regulators (e.g. the UK’s Advertising Standard Authority) if requested to do so. Requests for winners' list must be sent to us by emailing usersupport@fanmeka.com. Any other personal information provided by entrants is subject to our Privacy Policy and Other Policies.
Prizes: Fanmeka Giveaway prizes shall be determined by Fanmeka. The value of Fanmeka Giveaway prices may vary. Fanmeka reserves the right to substitute an advertised Fanmeka Giveaway prize with a prize of equal or greater value than the advertised prize.
All applicable taxes are the sole responsibility of the Fanmeka Giveaway winner.
If you are a Seller who operates prize giveaways or other promotions on the App or using Fanmeka technology (e.g. when using technology provided by Fanmeka to randomly select a winner) ("Seller Giveaway") then you must comply with this Section 12.2.
General Rules & Requirements:
There may be legal requirements under applicable Regulations that separately apply to your Seller Giveaway. Fanmeka reserves the right to take measures to remove or take down any Seller Giveaways that do not comply with these Terms.
For the purposes of this Section 13, the following definitions apply:
You and Fanmeka each act as independent controllers in respect of any Buyer personal data which you receive in your capacity as a Seller for the purposes of fulfilling Sales Contracts and/or any other personal data you process in connection with (and permitted by) these Terms ("Protected Data"). You and Fanmeka will be individually and separately responsible for complying with the obligations that apply to them as a controller under applicable Data Protection Legislation in respect of Protected Data. In no event will you and Fanmeka process Protected Data as “joint controllers” within the meaning of Data Protection Legislation.
If you are a Business Seller and you and Fanmeka are found to be joint controllers of Protected Data, and if Fanmeka suffers or incurs any losses, costs, liabilities or expenses in connection with data protection and privacy including, where permitted under Regulations, any:
(i) fines or other sanctions imposed by a supervisory authority;
(ii) compensation ordered to a data subject by a supervisory authority or court; and
(iii) the costs of complying with investigations by supervisory authorities) ("Data Protection Losses") because of an act or omission by you in your capacity as a joint controller of Protected Data, you agree to indemnify and keep Fanmeka indemnified for those Data Protection Losses.
You and Fanmeka agree to comply with applicable Data Protection Legislation in respect of the processing of Protected Data. You must not do, or omit to do, anything that would cause (or may be reasonably expected to cause) Fanmeka to be in breach of this Section 13 or any provision of Data Protection Legislation. If you are a Business Seller, you must also ensure that your personnel and other representatives, processors and sub-contractors comply with this Section 13.
You shall only use Protected Data for the purposes of fulfilling Sales Contracts with Buyers and/or as otherwise permitted under these Terms, and not for any other purposes. You must not use Protected Data provided by Buyers to send unsolicited commercial messages or for unauthorised transactions, and you may not use the Buyer’s Protected Data for marketing without the Buyer’s consent within the meaning of applicable Data Protection Legislation.
You must notify Fanmeka without undue delay (and in any event within 72 hours) of you becoming aware of any accidental or intentional damage, alteration, destruction, unauthorised disclosure, loss, misuse or theft of or to Protected Data (“Data Breach"). You shall provide full cooperation and assistance to Fanmeka and our representatives in respect of our efforts to: (i) investigate, remediate, and mitigate the effects of the Data Breach; and (ii) comply with notification obligations to individuals, clients or regulatory authorities.
You shall not transfer any: (i) Protected Data processed subject to EU Data Protection Legislation outside the EU; or (ii) Protected Data processed subject to UK Data Protection Legislation outside the UK unless you comply with your obligations under the Data Protection Legislation in relation to the transfer, including by implementing appropriate safeguards where required and by ensuring an adequate level of protection is provided to any Protected Data that is transferred.
You shall and shall procure that any other person you authorise to process the Protected Data shall implement (and update from time to time) appropriate technical and organisational security measures (including measures notified by Fanmeka from time to time) to protect Protected Data against unauthorised or unlawful processing and against accidental loss, destruction, damage, disclosure, or alteration which shall as a minimum be in compliance with Data Protection Legislation and, if you are a Business Seller, good industry practice.
Where applicable, you shall provide data subjects with your own disclosures about how you process their Protected Data, and respond to any data subject rights requests you receive in respect of your processing of Protected Data, in accordance with applicable Data Protection Legislation.
You shall promptly notify Fanmeka in writing if you receive any notification from a supervisory authority or a data subject which relates to or impacts upon Fanmeka’s processing of Protected Data. Upon Fanmeka’s reasonable written request, you shall provide Fanmeka with all co-operation and assistance requested by Fanmeka in relation to:
(i) responding to requests from data subjects exercising their rights under applicable Data Protection Legislation;
(ii) responding to communications from supervisory authorities in respect of the Protected Data; and
(iii) Fanmeka’s other obligations under Data Protection Legislation in respect of the Protected Data.
You shall not retain or process any Protected Data for longer than is necessary in connection with fulfilling Sales Contracts or any relevant obligation you have under these Terms; or, if longer, to adhere to your binding requirements under applicable law.
If you are a Business Seller, you agree to indemnify and keep Fanmeka indemnified in respect of all Data Protection Losses suffered or incurred by Fanmeka, arising from or in connection with any breach by you (or any of your processors and sub-processors, if applicable) of your obligations under this Section 13 and/or applicable Data Protection Legislation.
For more information about how Fanmeka uses personal data, please see our Privacy Policy.
Whilst Fanmeka does not require strict compliance with these Terms in each instance, you are still obligated to comply with these Terms. Fanmeka’s failure to enforce, at any time, any of the provisions, conditions, or requirements of these Terms, or the failure to require, at any time, performance by you of any of the provisions of these Terms, will in no way waive your obligation to comply with any of the provisions of these Terms, or our ability to enforce each and every such provision as written.
Any and all waivers by Fanmeka of any provision, condition, or requirement of these Terms will only be effective against Fanmeka if it is in writing and signed by an authorised Fanmeka officer. No waiver by Fanmeka of any term or condition set out these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fanmeka to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
As part of the App, we may provide you with convenient links to third-party website(s) as well as content or items belonging to or originating from third-parties, and the App may also integrate with, or be accessible through, other applications including software and services provided by third-parties (collectively, "Third-Party Content"). These links are provided as a courtesy to Users. Fanmeka has no control over Third-Party Content or the promotions, materials, information, goods or services advertised by or available from Third-Party Content. Such Third-Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by Fanmeka.
We are not responsible for any Third-Party Content posted on, available through or installed from the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Content. Our inclusion of, linking to, or permitting the use or installation of any Third-Party Content does not imply approval or endorsement by Fanmeka. In addition, Fanmeka disclaims liability for any loss, damage and any other consequence resulting directly or indirectly from or relating to your use or access of Third-Party Content or any information that you may provide or any transaction conducted with or through the Third-Party Content or the failure of any information, software or services posted or offered by such service providers or any error, omission or misrepresentation by such service providers or any computer virus arising from or system failure associated with the Third-Party Content. If you decide to leave the App and access or use any Third-Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party site or application to which you navigate from the App. You may incur charges, such as message and data charges, from your wireless provider for any SMS messages that you send or receive in connection with your use of the App. You agree that you are solely responsible for any such charges.
⚠️ Important Note: This Section 14.4 does not apply to Consumer Users.
Unless you are an influencer or strategic partner, these Terms, the Other Policies and any other document expressly stated in these Terms to form part of the Terms constitute the sole and entire agreement between you and Fanmeka regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App. If you are an influencer or strategic partner, these Terms, the Other Policies, any other document expressly stated in these Terms to form part of the Terms, and your Influencer Agreement or Strategic Partnership Agreement constitute the sole and entire agreement between you and Fanmeka regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. Our rights under these Terms will survive any termination of these Terms.
We may update the App (including its content, materials, and features) from time to time. Please be advised that any content contained on the App may not necessarily be complete or up-to-date. You will be informed, and you will receive updates as necessary to maintain compliance during our performance of the services relating to the App, as applicable. Where you do not install, within a reasonable time, updates provided by us, we shall not be liable for lack of conformity resulting solely from the non-installation of the updates concerned. We may also provide you with updates that are not necessary to maintain the conformity of the App, but which are recommended. We will endeavour to inform you, reasonably in advance and on a durable medium, of the planned update, specifying the date on which it will take place where possible. This update will be carried out at no extra cost to you. You have the right to refuse the update or, where appropriate, to uninstall it, if the update has a negative impact on your access to or use of the App. In this case, the contract may be terminated, at no cost, within a maximum period of 30 days, unless the update has only a minor impact. However, you may not rescind the contract if we have offered to keep the digital content or service without the update, including by uninstalling the update, and if it remains in conformity under the conditions set out in this Section.
We may need to change these Terms (including any Other Policies) from time to time, for example to address:
(i) changes in Regulations;
(ii) changes to the nature, features or functionality of the App or to reflect new technologies or products;
(iii) security issues; and/or
(iv) changes in circumstances beyond our reasonable control.
If we make changes, we will give you reasonable advance notice via the App or by email, typically thirty (30) days before the updated Terms will take effect. If you are not satisfied with the proposed changes to the Terms, you may terminate your agreement with us by closing your Account. If you do not close your Account, your continued access or use of the App after the effective date of the proposed changes will constitute your acceptance of the revised Terms. If the proposed changes to the Terms are material (for example, relate to a change of main performance obligations), we may ask you to actively accept the revised Terms in the App and we may restrict your access to the App or suspend or terminate your Account if you choose not to accept the revised Terms.
⚠️ Important Note: This Section 14.4 does not apply to Consumer Users.
These Terms are governed by Irish law. This means that your access to the App and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) will be governed by Irish law.
You may bring any dispute which may arise under these Terms to, at your discretion, either the competent court of Ireland, or to the competent court of your country of habitual residence if this country of habitual residence is within the EU or the UK, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is within the UK or is an EU Member State otherwise the competent court of Ireland.
If you are a Consumer User in the UK or the EU and we direct the App to you (and/or pursue our commercial or professional activities in relation to the App) in the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident and some of these rights are detailed in the Supplementary Terms. Nothing in these Terms affects your rights as a consumer or your other statutory rights to rely on such mandatory provisions of any Regulations.
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