Terms and Conditions

FrightFan is a joint venture between Gravel Road Distribution Group Pty Ltd, South Africa and Contech Media Ltd, Mauritius.

Email: support(at)frightfan.tv

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

  1. Registered Users and Payment

Becoming a Registered User

You may register as a FRIGHTFAN registered user of the Website free of charge (a "User"). To become a User, submit your email address to FRIGHTFAN and create a password. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.

Once off Rental Fee (Transactional VOD)

The FrightFan service provides content for a once off rental fee that enables a limited viewing period of 48 Hours. You must have Internet access and provide us with a current, valid, accepted method of payment (a “Payment method”) to use the FrightFan online service. We will charge the once off Rental fee to your Payment method.

    • Price Changes.

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. All rental fees and prices are displayed prior to renting he content.

    • No Refunds.

PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY VIEWED TITLES.

  1. Passwords & Account Access
    1. A User has access and control over the FrightFan account. A User’s control is exercised through use of the User's password and therefore to maintain exclusive control, the User should not reveal the password to anyone. In addition, if the User wishes to prohibit others from contacting FrightFan and potentially altering the User’s control and access, the User should not reveal this information to any third party/ You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
    2. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the FrightFan website and not through a hyperlink in an email or any other electronic communication, even if it looks official. FrightFan reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity.
  1. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the country in which the entity that is providing the FrightFan service to you (as defined above) has its registered offices. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your local jurisdiction.

  1. Applications

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the FrightFan service. These Applications may import data related to your FRIGHTFAN account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and FRIGHTFAN is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY FRIGHTFAN AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.

  1. Use of Information Submitted

FRIGHTFAN is free to use any comments, information, ideas, concepts, reviews, techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the FRIGHTFAN service, including the FRIGHTFAN website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the FRIGHTFAN service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note FRIGHTFAN does not accept unsolicited materials or ideas for content and films, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to FRIGHTFAN. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against FRIGHTFAN and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

  1. Copyright

FRIGHTFAN respects the intellectual property rights of others and expects its Users to do the same. FRIGHTFAN enforces third party’s intellectual property rights and can, in appropriate circumstances, suspend or terminate the accounts of members or Users who are repeat infringers.

General Terms & Conditions

Indemnity by you

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.

Disclaimer of Warranties

COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY FILMS MADE AVAILABLE ON THIS SITE. FILMS AND MOVIE GIFTS ARE PROVIDED, and RENTED “AS IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. COMPANY DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

Limitations on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO COMPANY FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED $ 3. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Warranties, limitations of liability and indemnities

  1. Subject to the provisions of s43(5) and s43(6) of the ECT Act, if applicable, and to any applicable provisions of the CPA (if applicable) and to the full extent permitted by Applicable Law:
    1. We make no representations and give no warranties, whether expressly or implicitly, as to the FrightFan Service and specifically, but without limitation, make no representations and give no warranty -
      1. that the FrightFan Service will be tailored to meet your personal requirements or expectations; or
      2. that the FrightFan Service will be uninterrupted or error-free.
    2. We will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature which is suffered by any person who accesses, uses or relies on the FrightFan Service. Without limiting the generality of this clause, we will not be responsible for any loss, liability or damage of any nature incurred by whomever and resulting directly or indirectly from:
      1. the inability to access or difficulty in accessing, the FrightFan Service to the extent that such delay or failure results from causes beyond our reasonable control;
      2. access to, use of, or reliance on Contents available on the FrightFan Service;
      3. our delay or failure to fulfil our obligations under these Terms and Conditions to the extent that such delay or failure results from causes beyond our reasonable control; or
      4. any negligent act or omission of ours or our consultants, agents or employees.

 

2.     These Terms and Conditions, as amended from time to time, constitute the entire agreement between you and us in relation to its subject matter and supersede any previous agreements between you and us.

  1. Any relaxation or indulgence which we may show to you at any time in regard to these Terms and Conditions are without prejudice to, and does not constitute a waiver of, any rights we may have, either in terms of these Terms and Conditions or any Applicable Law.
  2. If any provision in these Terms and Conditions is found to be wholly or partly unenforceable or invalid for any reason, then these Terms and Conditions will be severable in respect of the provisions in question to the extent of their invalidity or unenforceability, and the remaining Terms and Conditions will remain in full force and effect.
  3. Where these Terms and Conditions prohibit you from any conduct, you are also prohibited from attempting that conduct, or permitting, promoting, facilitating or condoning any other person doing so.
  4. We may cede any of our rights and/or assign any of our obligations under these Terms and Conditions to any person.
  5. You may not cede any of your rights and/or assign any of your obligations under these Terms and Conditions to any person.