Chat with us, powered by LiveChat

Terms of Use

  1. Introduction
    This website (this “Website”) and is owned by My Fan Park Proprietary Limited (“MFP”, “we”, “us” and “our”). These terms of use (these “Terms of Use”) govern your use of this Website; by using this Website, you accept to be bound by these Terms of Use. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use this Website. If you are under the age of 18 (eighteen), then you must use this Website only with a parent or legal guardian’s consent and guidance. Such parent or legal guardian shall be deemed to have accepted these Terms of Use on your behalf and shall be liable for your actions and obligations under these Terms of Use. If you do not have your parent or legal guardian’s consent and guidance, you must not use this Website.
  2. Important Notice
    In terms of Section 49 of the Consumer Protection Act 86 of 2009, your attention is specifically drawn to all bold and/or underlined clauses in these Terms of Use which, amongst others –
    1. may limit the risk or liability of MFP or a third party; and/or
    2. may create risk or liability for you; and/or
    3. may compel you to indemnify MFP or a third party; and/or
    4. serves as an acknowledgement, by you, of a fact.
  3. Acceptable Usage
    You must not use this Website in any way that modifies and/or causes, or may cause, damage to this Website or impairment of the availability or accessibility of this Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. Without limitation to the foregoing, you must not use this Website to request Video Clip/s or distribute material which could be defamatory, offensive or harmful to any member of the public and/or MFP’s reputation.
  4. Payment and Delivery
    This Website enables you to request a personalised video clip (a “Video Clip”) from any celebrity or influencer (a “Celebrity”) of your choice, provided such Celebrity is listed on this Website at the time of your request. Payment for the Video Clip/s must be made via the payment methods provided on the Website, which include but are not limited to debit card, credit card, snapscan, zapper and paypal payment methods. You warrant that you are fully authorised to make the payment required for the purposes of purchasing the Video Clip/s and that you have sufficient funds available to cover the costs of such Video Clip/s. MFP will send your requested Video Clip to your nominated cell phone number or email address within 10 days of receipt of payment in full for such Video Clip. MFP only enables you to purchase Video Clips from Celebrities and is not the seller of such Video Clips. The Celebrity is solely responsible for the creation and delivery of the Video Clip/s to you.
  5. Refunds
    Should a Celebrity not comply with your request for a Video Clip for any reason whatsoever, you will be refunded accordingly within 20 working days of the date on which your requested Video Clip was due to be sent to you. You shall not be entitled to request changes to any Video Clips sent to you in accordance with these Terms of Use, nor shall you be entitled to any refunds for Video Clips sent to you in accordance with these Terms of Use.
  6. Privacy policy
    We respect your privacy and are committed to ensuring that your personal information is collected and used properly, lawfully and openly in accordance with the Protection of Personal Information Act, 2013 (“POPI”). When you request a Video Clip, you will be required to provide us with certain Personal Information (as defined in POPI) which may include but not be limited to –
    1. your name and surname;
    2. your cell phone number; and
    3. your email address.
    4. use your Personal Information for any purpose other than in relation to the Video Clip/s; and/or
    5. disclose your Personal Information to any third party other than to the Celebrity from whom you have requested the Video Clip/s and then only to the extent necessary to enable such Celebrity to deliver the Video Clip/s to you and provided that such Celebrity has agreed to be bound by appropriate confidentiality obligations in relation to your personal information. In order to prevent unauthorised access or disclosure of your Personal Information, we have put in place suitable physical and electronic procedures to safeguard your Personal Information. You have the right to ask us to update, correct or delete your Personal Information at any time, or to withdraw your consent to us using your Personal Information in accordance with these Terms of Use. If you wish to contact us regarding your Personal Information, please refer to paragraph 14 below. Without prejudice to the foregoing, you have a right to complain to the Information Regulator of South Africa about how we use your Personal Information. If you wish to do so, please contact the Information Regulator through their website or on inforeg@justice.gov.za. While we have put reasonable security measures in place to protect your Personal Information, we shall in no way be liable for any unauthorised or unlawful disclosures of your Personal Information, whether made by a Celebrity or any other third party, unless such unauthorised or unlawful disclosure is a direct result of our gross negligence.
  7. Ownership
    MFP owns or licenses all right, title, and interest in and to this Website, including all software, material, information, and other content available on this Website, and our trademarks, logos, and brand name (our “Website Content”). You will not acquire any right, title or interest in or to this Website or our Website Content and you may not duplicate, copy, or reuse any portion of this Website or our Website Content without our prior written consent. By purchasing and paying in full for a Video Clip/s, the Celebrity grants to you a perpetual, non-exclusive, royalty free, sub-licensable licence to use the Video Clip subject to these Terms of Use. You may distribute the Video Clip/s requested and paid for in full by you, which may include uploading the Video Clip/s onto social media and/or other platforms, provided that:
    1. you do not modify or compromise the content the Video Clip/s in any way;
    2. your use of the Video Clip/s is limited to personal use only and is not used for commercial gain;
    3. you do not use the Video Clip/s in any way that could bring the Celebrity, MFP and/or this Website into disrepute.
  8. Disclaimer
    Your use of this Website is entirely at your own risk and you hereby accept all risks associated with your use of this Website. This Website is provided “as is” without any representations or warranties, whether express or implied. Without prejudice to the foregoing, MFP does not warrant that:
    1. this Website will be constantly available, or available at all;
    2. the Website Content is complete, true, accurate or non-misleading; or
    3. the information or files on this Website are free of viruses, destructive materials or any other data or code which may be able to corrupt, destroy or compromise your computer in any way.
  9. Limitations of liability
    MFP will not be liable to you for any direct, indirect, incidental, special or consequential loss or damage you may suffer as a result of or in connection with your access to or use of this Website. Without limiting the foregoing, you acknowledge and agree that any views or statements made or expressed by a Celebrity, whether in a Video Clip/s or otherwise, are their own views and are not the views of MFP or any of its shareholders, directors, employees and/or agents. As such, MFP will not be liable to you for any direct, indirect, incidental, special or consequential loss or damage you may suffer as a result of or in connection with a Celebrity and/or a Video Clip/s produced by a Celebrity.
  10. Indemnity
    You hereby indemnify MFP against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses) incurred or suffered by MFP arising out of or in connection with any breach by you of any provision of these Terms of Use.
  11. Breaches of these Terms of Use
    Without prejudice to MFP’s other rights under law and/or these Terms of Use, if you breach these Terms of Use in any way, MFP may take such action as it deems appropriate to deal with the breach, including suspending your access to this Website, prohibiting you from accessing this Website, and/or bringing court proceedings against you.
  12. Termination and Variation
    MFP may suspend or terminate this Website at any time without giving notice to you. In the event of any such suspension or termination, MFP shall have no obligation or liability to you, save to facilitate the delivery of any Video Clip/s which have been requested and paid for in full by you prior to such suspension or termination. MFP may revise these Terms of Use at any time without giving notice to you. Any revised terms of use shall apply to the use of this Website from the date of the publication of the revised terms of use on this Website. We encourage you to check this Website regularly to ensure you are familiar with the current version.
  13. Governing law and Jurisdiction
    These Terms of Use and/or any dispute arising from or in connection with these Terms of Use shall be governed and interpreted in accordance with the laws of the Republic of South Africa and you submit to the exclusive jurisdiction of the Western Cape High Court.
  14. Contact Us
    Should you have any queries about this Website or these Terms of Use, please contact us on hello@myfanpark.com

Price Based Country test mode enabled for testing South Africa. You should do tests on private browsing mode. Browse in private with Firefox, Chrome and Safari