Terms of Service
The Site is an on-line platform offering services for e-commerce, the formation and offer of leisure activities and services (any activity or service offered on the Site shall be referred to as an "Activity" and any offeror of such an Activity, whether a person or other entity, shall be referred to as an "Activity Provider"), Activity reservation and the purchase of entry tickets for Activities (any ticket purchased on the Site for an Activity shall be referred to as a "Ticket"). For sake of clarity, Funzing serves merely as a platform for the Activity Providers to display their Activities and should not be construed to be a creator or provider of such Activities. All services, Tickets, Coupons (as defined below), Credits (as defined below) or other available programs and pricing on the Site may change at any time in Funzing’s sole discretion, without any notice.
2. Ownership of the Site
3. Use of the Site
4. Access to the Site
Funzing retains the right, in our sole discretion and without liability to you, to deny service or use of the Site or an account to anyone, with or without cause, with or without notice and at any time. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You acknowledge that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.
6. Your Account
You may only create and hold one user account on the Site for your personal use. You cannot sell, combine, or otherwise share it with any other person. You are solely responsible for updating information you have submitted to create or maintain your account. You understand and agree that Funzing shall have no responsibility or liability for any incident arising out of, or related to, your account settings. You are solely responsible for maintaining the confidentiality of your password and the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any and all activities that occur under your account. Your account will expire if your account is not maintained with current information.
7. Your Conduct
A. Submitting any content to the Site that: (i) Contains personal information of users, such as their e-mail and name ("Personal Information"), except when we expressly ask you to provide such information; (ii) Violates any applicable laws (including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity and laws related to defamation); (iii) Is purposely inaccurate, commits fraud or falsifies information in connection with your Funzing account or to create multiple Funzing accounts; (iv) Offers unauthorized downloads of any copyrighted, confidential or private information; (v) impersonating any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; (vi) poses or creates a privacy or security risk to any person; (vii) makes use of offensive language or images; (viii) Contains software viruses or malware or any other computer code designed to interrupt or limit the functionality of any computer software or hardware; or (ix) Is protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
B. Attempting to do or actually doing any of the following: (i) Interfering, disrupting or damaging with the service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb” or “crash” the Site; (ii) Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information or similar data; (iii) Scanning or testing the security or configuration of the Site or to breach security or authentication measures; or (iv) Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access.
C. Using any of the following: (i) Frames, framing techniques or framing technology to enclose any content included on the Site without our express written permission; (ii) Any Site content, including without limitation User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our express written permission; (iii) The Site or any of its resources to solicit consumers, Activity Providers or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Funzing, including, without limitation, aggregating current or previously offered Activities; or (iv) The Site or any of its contents to advertise or solicit, for any commercial, political or religious purpose or to compete, directly or indirectly, with Funzing.
D. Collecting any of the following: (i) Personal Information, User Content or content of any consumers or Activity Providers; or (ii) Content from the Site, including, but not limited to, in connection with current or previously offered activities, and featuring such content to consumers in any manner that diverts traffic from the Site without our express written permission.
9. Copyright and Trademarks
The Site and any newsletter or other communication sent to users by Funzing contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, code, proprietary methods and systems used to provide the Site and the entire contents of the Site are protected by copyright, trademark and other intellectual property laws. The Funzing Group owns a copyright in the selection, coordination, arrangement and enhancement of all other content on the Site, as well as in the content original to it. You may not modify, redistribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication or commercial exploitation of the content without the prior written permission of Funzing or the relevant copyright owner is permitted. If downloading, copying, redistribution, retransmission or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the prior written permission of the owner of the copyright, trademark or other proprietary right. Funzing does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
The Funzing Group owns trademarks, registered and unregistered, in many countries and "Funzing" the Funzing logos and variations thereof found on the Site or any newsletter or other communication sent to users by Funzing are trademarks owned by Funzing or its related entities and all use of these marks inures to the benefit of the Funzing Group.
Other marks on the Site or any newsletter or other communication sent to users by Funzing not owned by the Funzing Group may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of the Funzing Group unless otherwise stated, or may be the property of their respective owners. You may not use any of the Funzing Group's names, logos, trademarks or brands without Funzing's prior written permission.
10. User Content
The Site may provide registered users and visitors various opportunities to submit or post reviews, opinions, advice, ratings, discussions, comments, messages, survey responses and other communications, as well as files, images, photographs, video, sound recordings, musical works and other content (collectively, "User Content") through forums, bulletin boards, discussion groups, chat rooms, surveys, blogs or other communication facilities that may be offered on, through, or in connection with the Site from time to time. You may be required to have a Funzing account to submit User Content. The Activities offers formed by Activity Providers and posted on the site shall also be considered as "User Content".
In some instances and from time to time, it may be possible to modify or remove the User Content submitted or posted through your account. Funzing makes no representations or warranties that the User Content you modify or remove will be modified or removed from the Site or elsewhere (except in the case of Activity offers, in which case Funzing ensures the removal of the Activity offer alone from the Site alone in the event the Activity offer is terminated), or that the User Content will cease to appear on the Internet, in search engines, social media websites, or in any other form, media or technology.
Some User Content you submit to Funzing may be displayed or may give you the option to display such User Content in connection with your Personal Information, or a portion of your Personal Information, including but not limited to your name, initials, username, social networking website user account name, image, likeness, preferences, voice and location. You grant the Funzing Group a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right to use, display, distribute, offer for sale and sell the Personal Information in connection with your User Content, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, Funzing shall have no obligation to use your Personal Information in connection with any User Content.
As between you and Funzing, you shall retain all ownership rights in and to the User Content you submit or post. However, by contributing User Content or other information on or through the Site, you grant the Funzing Group a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide right and license to use, reproduce, create derivative works from, publish, edit, translate, distribute, perform, display, transmit, offer for sale and sell the User Content alone or as part of other works in any form, media or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees and without compensation to you. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. The Funzing Group's license in any User Content or Personal Information submitted includes, but is not limited to, use for promotions, advertising, marketing, market research, merchant feedback, quality control or any other lawful purpose.
11. New Ideas
Any ideas of any kind, provided directly or indirectly by you to us, including without limitation, ideas or suggestions relating to Funzing business and activity, to new or improved Activities, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions , suggestions, material, images or other work in any form shall be referred to as “New Materials”. If you send us New Materials, you understand and agree that notwithstanding any terms that accompany such New Materials Funzing has no obligation to review any such New Materials or keep them confidential; and the Funzing Group will own (and may freely use in any way) the same for any purpose without restriction and free of any obligation to acknowledge or compensate you.
User acknowledges that it is not compelled by law to provide such details required in the registration process and that it is providing such details out of its own free will.
Each user represents that the details entered by him during the registration process are its own details, that they are correct and that the phone number or/and e-mail address it has provided belong to it. Knowingly providing false details is a criminal offense, and Funzing or the applicable Activity Providers who have relied on such details shall have the right to take legal action against a user who has provided false details.
Any Ticket purchased from the Site grants the purchasing user of such Ticket a one time right to participate in the specific related Activity posted on the Site and represented by such Ticket, such Activity to be provided by the Activity Provider who posted the Activity on the Site. Presentation of an original Ticket (any copy of a Ticket shall not grant a right of participation in the Activity) to an Activity Provider at the Activity represented by such Ticket shall be a requisite for participation in any Activity. Activity Provider may request to see Ticket purchaser's identification before allowing him to participate in Activity.
Any Ticket shall be valid only for a specific Activity on a specific date represented by such Ticket and stated upon the sale of the Ticket. An invalid Ticket, including an unused invalid ticket, shall grant no right whatsoever, including without limitation no right to a refund of any sort and no right of participation in any following Activity. The purchasing user is solely responsible for using the Ticket on its validity date, and in the event such date is stated on the Ticket, on such date.
Unless explicitly stated to the contrary by Funzing or Activity Provider, Tickets cannot be purchased using any discount or coupon of any sort or through a sale of any sort.
Funzing may grant Users credits ("Credits") for the performance of certain User actions ("Credit entitling Action") that shall be specified on the Site (such as, but not necessarily, opening a user account or referring other users to the Site) in an amount and subject to limitations and guidelines that shall be specified in the Site from time to time. Funzing may change the characteristics of, add or remove Credit Entitling Actions at its sole discretion without any obligation to notify any user of such change, addition or removal. Each credit received by a User shall represent such a value and/or may be used towards the purchase of Tickets as shall be determined by Funzing at its sole discretion. Funzing, at its sole discretion, may impose limitations and change existing limitations on the use and accumulation of Credits, including after the grant of such Credits, such as, without limitation: (i) a maximum Credit amount to be accumulated by each User, over which such User shall not be entitled to additional Credits for the performance of further Credit Entitling Actions; (ii) an expiry period commencing from the grant of each Credit after which such Credit shall be cancelled and no longer be valid for use; and (iii) a limitation on certain Tickets or types of Tickets that may be purchased with Credits, all as specified on the Funzing Site from time to time or in a notice to the holder of such Credits. Each Credit granted to a user is non transferrable and may only be used by such User towards the purchase of Tickets. Funzing, at its sole discretion, may cancel yet unused Credits granted to Users at any time, including before the usage of such Credit. After the use of a Credit towards purchasing a Ticket the Credit shall be cancelled (each Credit may only be used once). An invalid or cancelled Credit shall grant no right whatsoever, including without limitation no right to a refund of any sort and no right of participation in any Activity.
16. Sale of Tickets
In order to purchase Tickets, a user must first register on the Site. Once a user is registered, such user shall be able to purchase Tickets, Print purchased Tickets and receive other services that Funzing at its sole discretion may provide (such as allowing such user to view its prior Ticket Purchases). In addition to the registration details, a user shall be required to provide payment details (acceptable means of payment on the Site are credit card, debit card, payment through Paypal account and other means Funzing may approve from time to time; all such payment means shall be referred to as "Credit Card" and all details of such payment means shall be referred to as "Credit Card Details") in order to complete the purchase of a Ticket (unless the Ticket is a Free Ticket). Each user represents that the details entered by it during the registration process are its own details, that they are correct and complete and that the Credit Card Details provided are those of a Credit Card that belong to it. Funzing and Activity Provider shall have the right to cancel any offer for a Ticket which does not contain all of the details required by Funzing to affect such purchase or which contains any false details (including false registration details). Knowingly providing false details is a criminal offense, and Funzing, any member of the Funzing Group, or the applicable Activity Providers who have relied on such details shall have the right to take legal action against a user who has provided false details. The time of receipt of offer to purchase a Ticket by the Funzing servers shall be the determining time of offer for such offer for any purpose and a log of such offer on the Funzing servers shall constitute crucial evidence of such time of offer.
Each Ticket shall be offered for a certain time period as specified on the Site, however Funzing retains the right to change such sale period. The sale of Tickets on the Site may be limited to a certain number of purchasers, all as specified on the Site.
Each Ticket's price is determined solely by the Activity Provider and does not necessarily reflect the market value for the Activity that such Ticket provides a right to participate in. Furthermore, the price of a Ticket may be changed by Activity Provider at its own discretions such that the different users may have purchased Tickets for the same specific Activity at different prices. The prices of Tickets may also change subject to the use of Coupons or Credits to purchase such Tickets.
The conduct of a certain Activity may be subject to a minimum number of Tickets purchased to such Activity and such Activities may be cancelled if the minimum number of Tickets were not purchased.
An approved Ticket purchase shall constitute a purchase of the right to participate in the Activity represented by the purchased Ticket.
All Ticket prices displayed on the Site (including any discounts related to the use of Coupons or Credits in respect to the user of such Coupon or Credits) are the final Ticket prices including VAT, if applicable, and any other applicable taxes. Activity Providers hereby agree that they shall not charge extra fees for the Activity beyond the Ticket price and users who have Purchased Tickets hereby agree to pay the full Ticket Price displayed on the Site for any Ticket they may purchase.
A user who has purchased a Ticket will be charged by the payment means it has chosen through the Credit Card Details it has provided, unless the Ticket is a Free Ticket (in which case no charge shall apply).
In the event that full and correct details have not been provided by a purchasing user, Funzing and Activity Provider retain the right to cancel the purchase.
In the event that a purchasing user's Credit Card company does not accept such purchase by the user the purchase of such user shall be canceled, and the Ticket shall not be provided to such user.
An authorization regarding the approval of a purchase of a Ticket by a user and the terms of such purchase shall be sent to the user via e-mail.
19. Cancelation of Purchase
Funzing retains the right to stop the Site's activity or cancel a purchase, an offer of Tickets in whole or part or an Activity at its sole discretion (including, without limitation, due to bad weather, low number of participants in an Activity and Activity Provider's illness). Activity Provider retains the right to cancel an Activity offered by it on the Site at its sole discretion (including, without limitation, due to bad weather, low number of participants in an Activity and Activity Provider's illness). A user may cancel the purchase of a Ticket up until 48 hours before the time of the Activity represented by the Ticket purchased by such user by clicking the "Cancel Order" icon on the Site.
20. Activity Providers Fees
Funzing charges Activity Providers a fee of 20% (plus VAT if applicable) of the proceeds from any purchased Ticket to an Activity of such Activity Provider ("Funzing's Fee"). Funzing shall not charge an Activity Provider such a fee for a Free Ticket unless it has notified the Activity Provider in advance to the contrary. For each Activity, Funzing shall calculate the amount of the proceeds net of Funzing's Fee, any refunds due to cancellations (by either a user who has purchased a Ticket to such Activity Providers Activity or by Activity Provider), the Additional Fee (as defined below), credit clearing expenses and any other clearing expenses that may apply (the "Net Amount"). Funzing's calculation of the Net Amount shall be final and Activity Provider shall have no claims in regards of the Net Amount's value.
The Net Amount of an Activity may be paid to the Activity Provider within 14 days of the end of the month in which the Activity was held, and subject to Activity Provider requesting by e-mail to the following address: email@example.com that such Net Amount be paid. The payment of the Net Amount shall be made by any means Funzing so chooses.
Funzing may charge Activity Provider an additional fee for the advertisement of an Activity or services provided on the Site, including amongst others a one-time fee, a continuous fee, or a fee based on the extent of usage of the Site's services by Activity Provider (the "Additional Fee" as Funzing may decide from time to time at its sole discretion.
In the event that Tickets to an Activity are canceled and the Net Amount of a certain Activity Provider for the related Activity does not suffice to offset the refund amounts owed due to such canceled Tickets, the Activity Provider shall pay Funzing the difference between the refund amount and the Net Amount within 14 days of Funzing's notice to him in the matter.
The Activity Provider is solely responsible for the payment of any tax related to payment received from Funzing and shall indemnify Funzing for any payment or charge made by Funzing in connection with such taxes. Funzing is entitled to withhold any taxes pursuant to applicable law.
21. Referral Affiliate Program
Users may register for the Referral Affiliate Program on the Site (each user which has so registered shall become a "Referral Affiliate"). Referral Affiliates shall be able to mark certain Activities offered on the Site, following which they shall receive a unique designated link ("Designated Link") for such activity which they can upload onto other sites.
Referral Affiliates shall be entitled to a fee in a percentage notified by Funzing in writing (Funzing may change such percentage by notification in writing from time to time) of the payment for an Entitling Order (the "Referral Affiliate Fee").
An "Entitling Order" is only the first order on the Site made by the user who was referred to the Site from the Designated Link, provided that (a) such order has been made within 30 days of such user first landing on the Designated Link landing page, and (b) that the Entitling Order was not paid for entirely with non cash means (such as, without limitation, Coupons or Credits).
In the event that payment for an Entitling Order for which a Referral Affiliate Fee is due or has already been paid for is cancelled by a user or refunded (in whole or in part, other than due to cancellation by Activity Provider), such Referral Affiliate Fee shall no longer be due, and to the extent already paid by Funzing (a) Referral Affiliate shall be required to repay the applicable Referral Affiliate Fee no later than 14 days from the date of notice by Funzing, and (b) to the extent not yet repaid by Referral Affiliate, Funzing may offset any such owed payment from other Referral Affiliate Fees that such Referral Affiliate is or may become entitled to. The Referral Affiliate Fee for each calendar month shall be calculated by Funzing and shall be final and binding upon Referral Affiliates. The Referral Affiliate Fees which a Referral Affiliate is entitled to shall be paid on the 15th of the calendar month following the calendar month in which the Activity of an Entitling Order took place or was canceled by the Activity Provider (as applicable) to a Paypal account designated by Referral Affiliate. The Referral Affiliate is solely responsible for the payment of any tax related to payment received from Funzing and shall indemnify Funzing for any payment made by, or charge imposed on Funzing in connection with such taxes. Funzing is entitled to withhold any taxes pursuant to applicable law. The Referral Affiliate Fee is a gross amount which includes all taxes to be assessed on such payment (including without limitation VAT or any other sales or services tax).
Each Referral Affiliates joins the Referral Affiliate Program at its own discretion, and any activity taken by it as part of the Referral Affiliate Program shall be at its own expense.
Funzing has absolute right, at its sole discretion, to halt the display or activity of any Designated Link or to cease the Affiliate Program without incurring any liability to Referral Affiliates or others.
22. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND/OR ANY DESIGNATED LINK IS AT YOUR SOLE RISK. NONE OF FUNZING, ITS SUBSIDIARIES OR AFFILIATES, ANY OTHER MEMBER OF THE FUNZING GROUP OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE AND/OR ANY DESIGNATED LINK WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND/OR ANY DESIGNATED LINK, OR (B) THE ACCURACY, COMPLETENESS, FITNESS FOR ANY PURPOSE, QUALITY OR RELIABILITY OF (I) THE CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION ANY OFFERS FOR ANY COUPON OR ANY OF THE ACTIVITIES ON THE SITE (WITHOUT LIMITING THE GENERALITY OF THE AFORESAID, THE FUNZING GROUP DOES NOT WARRANT THE ACTIVITIES OFFERED ON THE SITE WILL ACTUALLY TAKE PLACE), (II) THE DESCRIPTIONS OF ACTIVITIES IN ACTIVITY OFFERS OR TICKETS, OR (III) USER CONTENT PROVIDED THROUGH THE SITE. THE SITE AND ALL CONTENT, USER CONTENT (AMONGST OTHERS ACTIVITY OFFERS) AND OTHER INFORMATION CONTAINED ON THE SITE, ACTIVITES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE FUNZING GROUP HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, USER CONTENT OR OTHER INFORMATION CONTAINED ON THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.
23. Limitation of Liability
24. Websites of Others
The Site contains links to websites maintained by third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents available on such websites. Additionally, links to the Site may be posted on third parties' websites as part of our Referral Affiliate Program. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. You acknowledge that we do not review the websites on which Designated Links are posted, and we are not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products or services available on or through any such linked site or resource or any website that has posted a link to the Site.
You are solely responsible for your interactions with Activity Providers and other users of the Site. To the extent permitted under applicable laws, you hereby release the Funzing Group from any and all claims or liability related to any product or service of a Activity Provider, any action or inaction by an Activity Provider, including but not limited to any harm caused to you by action or inaction of an Activity Provider, an Activity Provider's failure to comply with applicable law and/or failure to abide by the terms of an Activity offer on the Site or a Ticket and any conduct, speech or User Content, whether online or offline, of any other third-party.
26. Force Majeure
28. Entire Agreement
29. Additional Terms
You are contracting with Funzing International Ltd., except that for all matters related to participation in the Referral Affiliates Program, you are contracting with Funzing Limited. Correspondence should be directed to: Funzing International Ltd., Yehudit 35, Tel Aviv, Israel.
30. Governing law:
If any user wishes to bring a legal claim against any member of the Funzing Group, or in relation to any Activity, Ticket, Coupon or otherwise in relation to the Site, it must do so only within the United Kingdom (and English courts shall have the exclusive jurisdiction for such legal claim). The laws of England shall apply to any such legal claim described above.