Terms of Service
Please read this agreement carefully. It governs your use of the Funky Barry website and the services and goods provided through the website (collectively the "website"). It exempts Funky Barry and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the website you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the website, you may not use the website. Each time you use the website, the text of this agreement as it then reads will govern your use. Accordingly, when you use the website you should check the date of this agreement and review any changes since the last version.
1. YOUR ACCEPTANCE OF THIS AGREEMENT:
* This is an agreement between you and Funky Barry and governs your use of the Funky Barry website and its content and the services and goods provided through the website (collectively the "website"). Each time you use the website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the website.
2. CHANGES TO THIS AGREEMENT:
* You may not change, supplement, or amend this Agreement in any manner. Funky Barry may, in its sole discretion, change, and supplement or amend this Agreement as it relates to your future use of the website from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the website.
3. PERMITTED USERS AND ACCESS:
* The website may be used only by persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law. The website may not be used by persons in jurisdictions where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the website is lawful, and you must comply with all applicable laws.
4. MISPRINTS AND ERRORS, PRODUCT AVAILABILITY, PRICES, AND ORDERS:
* Funky Barry endeavors to provide current and accurate information on the website. Nevertheless, misprints or other errors may occur. Accordingly, Funky Barry reserves the right to change the prices, fees and charges regarding the goods and services available through the website at any time and from time to time without any notice or liability to you or any other person. Also, Funky Barry cannot guarantee that goods or services advertised on the website will be available when ordered or thereafter. Funky Barry also reserves the right at any time to reject, correct, cancel or terminate any order. If you order goods or services for which the price was incorrectly displayed, Funky Barry will provide you with an opportunity to cancel your order. If you order goods or services that are not available, Funky Barry will notify you by email. Funky Barry reserves the right to limit quantities licensed or sold. The advertisements on the website are invitations for purchase orders, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when Funky Barry sends an order acceptance and shipping notice email to your email address. If you wish to cancel an order, you may request a cancellation by sending an email to Funky Barry. However, Funky Barry may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective.
5. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY:
* Funky Barry strives to make your use of the website a useful and enjoyable experience, and a safe and easy way to purchase goods over the Internet. Nevertheless, Funky Barry and its service providers (the "Providers") do not accept any liability for your use of the website. For that reason, the following provisions apply to your use of the website:
5.1 DISCLAIMER
* Your use of the website is at your own risk.
* the website is provided on an "as is" and "as available" basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied warranties of merchantability, fitness for a particular purpose, performance or durability, all of which are hereby disclaimed by Funky Barry and the providers to the fullest extent permitted by law.
* you (and not Funky Barry or the providers ) assume the entire cost of all necessary servicing, repair or correction to any computer or other equipment arising from, connected with, or relating to your use of the website.
* the operation of the website may be affected by numerous factors beyond Funky Barry's control. The operation of the website may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated.
* Funky Barry is under no obligation to verify the identity of users of the website.
* through your use of the website, you may have the opportunity to engage in commercial transactions with other persons. All such transactions are at your own risk. Funky Barry is not a party to any such transactions and disclaims any and all liability regarding all such transactions.
* without limiting the generality of the foregoing, Funky Barry and its providers make no representation, warranty or condition that:
* the website will be compatible with your computer and related equipment and software;
* the website will be available or will function without interruption or will be free of errors or that any errors will be corrected;
* the information available on or through the website will be accurate, complete, sequential, or timely;
* certain or any results may be obtained through the use of the website;
* the use of the website, including the browsing and downloading of any information, will be free of viruses, trojan horses, worms or other destructive or disruptive components; or
* the use of the website will not infringe the rights ( including intellectual property rights ) of any person;
* and Funky Barry and its providers disclaim any and all liability regarding such matters to the fullest extent permitted by law.
5.2 LIABILITY EXCLUSION
* Funky Barry and its providers will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits ( anticipated or otherwise ), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the website by you or any other person, and regardless of any negligence or other fault or wrongdoing by Funky Barry or any provider or any person for whom Funky Barry or its providers are responsible, and notwithstanding that Funky Barry or its providers may have been advised of the possibility of such loss or damages being incurred by you or any other person.
5.3 LIABILITY LIMITATION
* In no event will Funky Barry or any of its providers be liable to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by Funky Barry or any person for whom Funky Barry is responsible, exceed $25 (cdn) or the amount you paid to Funky Barry for the use of the website, whichever is less.
5.4 RELEASE
* You hereby release, remise and forever discharge each of Funky Barry and its providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of the website.
5.5 INDEMNITY
* You agree to indemnify, defend and hold harmless each of Funky Barry and its providers and all of their respective agents, directors, officers, employees, information providers, service providers, suppliers, licensors and licensees, and all other related, associated, or connected persons ( collectively, the "indemnified parties" ) from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the indemnified parties in connection with any claim or demand arising out of, related to, or connected with your use of the website or your breach of this agreement. You will assist and co-operate as fully as reasonably required by the indemnified parties in the defense of any such claim or demand.
* Advice and information provided by Funky Barry or its representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.
* The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
* The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement.
6. TERMINATION OF THIS AGREEMENT AND THE WEBSITE:
* If you breach any provision of this Agreement, you may no longer use the website.
* Funky Barry may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the website or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person.
* Funky Barry may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate ( in whole or in part ) your permission to use the website, without any notice or liability to you or any other person.
* If this Agreement or your permission to use the website is terminated by you or Funky Barry for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the website and your purchases of goods and services through the website and anything connected with, relating to or arising from those matters.
7. INFORMATION SUBMISSIONS:
* All information you provide through the website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. You must also provide Funky Barry with updated registration information and payment information within 30 days of any changes.
* Funky Barry will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Funky Barry or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. Funky Barry may require a copy of a government-issued form of identification before making any changes to your registration information.
8. OWNERSHIP AND PERMITTED USE OF THE WEBSITE:
* The website and all information ( in text, graphical, video and audio forms ), images, icons, software, design, applications and other elements available on or through the website are the property of Funky Barry, its Providers and others, and are protected by Australian and international copyright, trademark, and other laws. Your use of the website does not transfer to you any ownership or other rights in the website or its content. You may only use the website in the manner described specifically in this Agreement.
* The website may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the website may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Funky Barry. You may not use any of the software that is used in the operation of the website except while you are use the website. You may not reproduce, copy, duplicate, sell, or resell any part of the website (including the software used in the operation of the website) or access to the website.
* The website is made available to you for your lawful use only. You may not print or download the pages.
9. PERSONAL INFORMATION PRIVACY:
* Funky Barry collects, uses, and discloses your personal information in accordance with the Privacy Policy, which is available here. Funky Barry may change the Privacy Policy from time to time in its sole discretion. By accepting this Agreement, and each time you use the website, you consent to Funky Barry's collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then exists without any further notice or any liability to you or any other person.
10. OTHER WEBSITES:
* The website includes advertisements for, and links to, other websites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from Funky Barry, and Funky Barry has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Funky Barry does not sponsor or endorse any Other Sites or their content or the goods or services available through those other websites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Funky Barry arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Funky Barry, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content.
11. LINKING TO THE WEBSITE:
* Anyone may link to www.funkybarry.com.au at any time.
* Funky Barry reserves the right to cancel and revoke any permission it may give to link to the website Site at any time, for any reason, without any notice, and without any liability to you or any other person.
12. TRANSACTION AGREEMENTS:
* All transactions through the website, including the purchase and sale of Advertising and services and the licensing of software, are governed by this Agreement and any applicable Transaction Agreement. By participating in a transaction through the website, you signify your agreement and acceptance of the applicable Transaction Agreement.
13. PROMOTIONS:
* From time to time Funky Barry may make promotions available to users of the website and others. All promotions are governed by this Agreement and the applicable promotion rules. By participating in a promotion through the website, you signify your agreement and acceptance of this Agreement and the applicable promotion rules.
14. DISPUTE RESOLUTION:
* Any dispute or difference arising in connection with this agreement shall be submitted to arbitration in accordance with, and subject to, the Rules for the Conduct of Commercial Arbitrations of the Institute of Arbitrators, Australia. During such arbitration, both parties may be represented by a duly qualified legal practitioner.
15. GENERAL:
* This agreement shall be governed by the laws of the State of Victoria and the parties hereby submit to the jurisdiction of the Courts of that State for the resolution of any dispute under this agreement.
THIS AGREEMENT IS SUBJECT TO CHANGE WITHOUT NOTICE! |
