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Terms of Use

Welcome to our website. This website with URL address https://www.fancaps.com.au is owned and operated by Fancaps Pty Ltd ACN 614 849 268. Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Fancaps relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

The term ‘Fancaps’ or ‘us’ or ‘our’ or ‘we’ refers to Fancaps. The term ‘you’ or ‘your’ refers to the website user and or customer.

Your use of this website is subject to the following terms and conditions:

  1. The content of this website is for your general information and use only. It is subject to change without prior notice.
  2. This website uses cookies to monitor browsing preferences. If you allow cookies to be used, the following personal information may be stored by us for use by third parties: Address.
  3. Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
  4. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  6. All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
  7. Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
  8. This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
  9. Your use of this website and any dispute arising out of your use of it is subject to the laws of Western Australia.
  10. You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
  11. These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
  12. These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
  13. You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
  14. In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
  15. Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
  16. Where we contain downloadable documents or products, we will not be responsible for any financial cost or reinstatement costs or reinstatement repairs due to virus removal on your equipment, technical systems or any other property owned by you or others.
  17. Products, Content and Specifications. The inclusion of any products or services on the Properties does not imply or warrant that these products or services will be available at any particular time or that the listed attributes are accurate or complete. In the event a product is listed at an incorrect price due to typo error or error in pricing or any other information, we will have the right to cancel orders of any such product, whether or not the order has been confirmed and or your credit card or other payment method has been charged.  If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture or detail of actual products will be accurate.  Further, we do not not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Properties by any third party party, including but not limited to customers, manufacturers, distributors or suppliers of products and services sold through the Properties.  In addition, we may make changes to information about price, availability or other product attributes without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. With respect to the shipment of products and services sold through the Properties, risk of loss and title for items purchased from the Properties pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and or lost shipments. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Properties. By placing an order, you represent that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law.

DISCLAIMER OF WARRANTIES. YOUR USE OF THE PROPERTIES IS AT YOUR SOLE RISK.  YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE PROPERTIES.   EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THESE PROPERTIES ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND.  WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTIES, THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE PROPERTIES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.

LIMITATION ON LIABILITY. IN NO EVENT SHALL THE FANATICS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE PROPERTIES, YOUR INABILITY TO USE THE PROPERTIES, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE PROPERTIES, EVEN IF THE FANATICS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification
You agree to indemnify, defend, and hold harmless Fancaps (where applicable), and their respective subsidiaries, affiliates, officers, directors, members, managers, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your use or misuse of this Site (including your placement or transmission of any message, content, information, software or other materials through the Site, or any negligent or wrongful conduct) by you or any other person accessing this Site using your computer or Internet account. Fancaps reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Fancaps defense of such claim. 

If you wish to raise any enquiry regarding our Terms of Use, please contact us today click here