Terms of Service

Terms of Use

ACCEPTANCE OF TERMS OF USE
Funzing International Ltd. (“Funzing” "we", “us” or “our”) owns and operates the website, www.funzing.com, and any sites we have now or in the future that reference these Terms of Use (collectively, the "Site"). By using the Site and Funzing’s services through the Site, you agree and accept these Terms of Use and the Funzing Privacy Policy. You also acknowledge that you will regularly visit the Terms of Use and the Funzing Privacy Policy to familiarize yourself with any updates. The term "using" and "user" when used throughout these Terms of Use shall also include any person or entity that, amongst others, registers into the Site, purchases Tickets (as defined below) through the Site, opens a user account on the Site, forms or offers an Activity (as defined below) and/or uses the Site in any other capacity.
IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE FUNZING PRIVACY POLICY, IMMEDIATELY STOP USING THE SITE AND DO NOT USE ANY FUNZING SERVICE, PARTICIPATE IN ANY ACTIVITY, PURCHASE ANY TICKET, PRODUCT OR OTHER SERVICE OR PROMOTION OFFERED THROUGH THE SITE.
1. General
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
The Site, any content on the Site and the infrastructure used to provide the Site are proprietary to us, our affiliates and our Activity Providers. By using the Site and accepting these Terms of Use: (a) Funzing grants you a limited, nontransferable , personal, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by Funzing; and (b) you agree not to reproduce, duplicate, create derivative works from, distribute, publicly display, copy, license, sell or re-sell or otherwise exploit any content, software, products or services obtained from or through the Site without the prior express written permission of Funzing.
3. Use of the Site
As a condition of your use of the Site, you agree that: (i) Your age is at least 18; (ii) You are able to create a binding legal obligation; (iii) Your use of the Site will at all times comply with these Terms of Use; (iv) You are not barred from receiving products or services under applicable law; (v) You will not attempt to use the Site with crawlers, robots, data mining or extraction tools or any other functionality; (vi) You will only make legitimate purchases of Tickets that comply with the letter and spirit of the terms of the respective Activity Providers; (vii) You will only make legitimate uses of Coupons that comply with the letter and spirit of the terms of such respective Coupons' offer notices; (vii) You will update and correct information you have submitted to the Site and ensure that it is accurate at all times (out-of-date information will invalidate your account); (ix) You have the right to provide any and all information you submit to the Site and all such information is accurate, true, current and complete; (x) Unless you have received prior written approval from Funzing, you will only make purchases on the Site for your own personal use and enjoyment, or as a gift for another person (for avoidance of doubt, the resale of any purchased Ticket is not permitted); and, (xi) You will only purchase Tickets through the Site by creating an account on the Site, and any purchase will be subject to these Terms of Use.
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.
5. Modification
We reserve the right at all times to discontinue or modify these Terms of Use or any part thereof in our sole discretion, with or without notice. If we make changes that affect your use of the Site or our services we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will not apply to Tickets purchased prior to the effective date of such changes. You may close your account and you should not use the Site or any services offered through the Site after the effective date of the changes in the event you do not agree to the changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Site or our services will constitute acceptance of these changes and the Terms of Use as modified.
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.
Any violation of these Terms of Use will cause your account to fall out of good standing and we may terminate or cancel your account in our sole discretion, with or without notice. Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Site, including, but not limited to, requirements for use.
7. Your Conduct
All interactions on the Site must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit your privileges on the Site and seek other remedies.
The following activities performed by any user of the Site are prohibited on the Site and constitute express violations of these Terms of Use:
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.
E. Engaging in any of the following: (i) Tampering or interfering with the proper functioning of any part, page or area of the Site or any functions or services provided by Funzing; (ii) Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site; (iii) Reselling or repurposing your access to the Site or any purchases made through the Site; (iv) Exceeding or attempting to exceed quantity limits when purchasing Tickets to Activities, or otherwise using any Funznig account to purchase Tickets for resale or for speculative, false, fraudulent or any other purpose not expressly permitted by these Terms of Use; (v) Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion); (vi) Accessing, monitoring or copying any content from the Site using any “robot,” “spider,” “scraper” or other automated means or any manual process for any purpose without our express written permission; (vii) Aggregating any current or previously-offered Activities or other content or information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission; (viii) Deep-linking to any portion of the Site (including, without limitation, the purchase path for any Ticket) without our express written permission; (ix) Hyperlinking to the Site from any other website without our written consent; or (x) Acting illegally or maliciously against the business interests or reputation of Funzing and/or its subsidiaries or affiliates, including without limitation Funzing Ltd. (together the "Funzing Group"), our Activity Providers or our services.
8. Privacy
Funzing highly values the privacy of its user's. For more information regarding privacy of Personal Information and payment details of users please refer to the Funzing Privacy Policy available at the following address: http://www.funzing.com/privacy-policy.
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".
If you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to upload or post the User Content, and (ii) all rights necessary to grant the licenses required under these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have assured that the creator represents and warrants) that the sharing of the User Content for the purposes you have selected will not violate or infringe any copyrights, trademarks or any other intellectual property rights or rights of third parties, including the rights of publicity or privacy. You represent and warrant that you will not upload, post, transmit or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violate of any third-party rights.
Funzing shall have the sole and absolute right, but not the obligation, to review, edit, post (including by adding marketing and other materials made available to Funzing by the Activity Provider or other public information relating to the Activity Provider), refuse to post, delete, monitor the User Content and disclose the User Content and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including to determine compliance with these Terms of Use, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Funzing shall have the right to remove any material from the Site, its communities or any other Funzing controlled sites, in its sole and absolute discretion. Funzing and/or any member of the Funzing Group assume no liability for any User Content or other information that appears or is removed from the Site or elsewhere. Funzing has no obligation to use User Content and may not use it at all. For the avoidance of doubt, Activity Provider is solely responsible for any user content uploaded by it or relating to it. To the extent such content is posted or amended by Funzing, the related Activity Provider agrees to review all such material posted or amended by Funzing, and its continuous use of the Site without removing or revising such content constitutes an agreement to the posting of such content, and the Activity Provider shall be solely responsible for any such 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.
12. Registration
Users may register on the Site through their Facebook account or by filling out a registration form which includes the following details: their full name, e-mail address, address, cell phone number and chosen password for the Site. Any user registering through a Facebook account hereby gives Funzing permission to access and store such user's Facebook details, to the extent allowed by Facebook. Such user hereby also accepts Facebook's terms of use in addition to these Terms of Use.
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.
13. Tickets
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.
The Ticket shall grant its purchaser a limited contractual right against Activity Provider, subject to Activity Provider's contractual obligations to Funzing, but in no event shall the Ticket grant any contractual rights to the purchasing user of such Ticket against Funzing or any member of the Funzing Group. For sake of clarity, the Activity Provider alone is the provider of the relevant Activities, and such Activity Provider alone, subject to the "Disclaimer of Warranties" and "Limitation of Liability" Sections of these Terms of Use, shall be responsible for providing the Activity to which a Ticket was purchased.
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.
Tickets may also be offered by Activity Provider for no purchase price (such a Ticket shall be referred to herein as a "Free Ticket"). Unless expressly stated to the contrary in these Terms of Use, any reference made in these Terms of Use to Tickets also refers to Free Tickets.
In addition to and without derogating from the "Disclaimer of Warranties" and "Limitation of Liability" Sections of these Terms of Use, Funzing and Activity Provider shall not be liable to any theft or loss of a Ticket.
Any attempt to use the Ticket in contradiction to these Terms of Use shall immediately invalidate the Ticket.
14. Coupons
From time to time Funzing may, at its sole discretion, offer to Users, through the Site or otherwise, coupons ("Coupons") allowing for certain discounts on the purchase of Tickets, the receipt of free Tickets upon the purchase of a certain number of Tickets or other similar promotions as shall be stated in such Coupon's offer notice. Coupons may be offered by Funzing to specific users for their use alone, or to a certain group of Users, for the use of Users belonging to such group alone, or to all Users (in the event of a Coupon offered to a specific User or group of Users, usage of such Coupon by anyone else aside from such specific User or User belonging to such group, respectively, is prohibited). A Coupon may apply to the purchase of Tickets for a specific Activity, for a group of certain Activities or for all Activities offered on the Site, all as stated in such Coupon's offer notice. A Coupon may apply to the purchase of a single Ticket or the purchase of multiple tickets and may or may not be reusable, all as specified in such Coupon's offer notice. Unless stated otherwise on a Coupon's offer notice, each Coupon may only be used, whether partially or fully, in one instance. A partially used Coupon shall not entitle its User to the remaining balance of such Coupon and, following such partial use, shall grant no further right whatsoever, including without limitation no right to a refund of any sort and no right of participation in any Activity. Each Coupon shall be valid until a certain date or upon the specific dates represented in such Coupon's offer notice. Any invalid Coupon, including an unused Coupon, shall grant no right whatsoever, including without limitation no right to a refund of any sort and no right of participation in any Activity. Funzing, at its sole discretion, may change the terms of a Coupon or cancel a Coupon, including for the avoidance of doubt after the Coupon was offered, until the exercise of such Coupon for the purchase of one or more Tickets (For avoidance of doubt, Tickets purchased while using Coupons may still be cancelled subject to these Terms of Use).
15. Credits
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.
Once a user clicks the "Purchase" icon and completes the related purchase procedures (amongst others providing payment details) such user shall have made an offer to enter into an agreement with the Activity Provider to purchase the Activity represented by the Ticket, subject to any condition Funzing or Activity Provider providing the Activity which the Ticket represents has made in these Terms of Use, the Activity page on the Site or on the Ticket itself. Funzing does not ensure that any offer by a user to purchase a Ticket shall be accepted, including in the event Tickets are available and that offers from other users have been accepted.
In the event of a contradiction between a Ticket, a Coupon, an Activity page or any other page on the Site and these Terms of Use in regards of the terms relating to an Activity, Funzing shall determine the prevailing term.
17. Activities
Funzing and any other members of the Funzing Group do not provide the Activities. Funzing is merely a platform for Activity Providers to provide Activities. Providing the posted Activities is the sole responsibility of Activity Providers. Activity Providers shall provide Activities that fit the descriptions of such Activities on the Site and in accordance with these Terms of Use and the pages relating to the Activity on the Site. The specific terms of sale for each Activity, including the number of Tickets available for purchase and the description of such Activity is provided by the Activity Provider of such Activity on the Activity's related pages on the Site and each Activity Provider is solely responsible for such details and descriptions of its Activities, subject to the "Disclaimer of Warranties" and "Limitation of Liability" Sections of these Terms of Use. Activity Provider may change the number of Tickets offered to an Activity, including during the sale period of such Tickets, at its discretion. Funzing does not supervise the details provided by Activity Providers or their Validity. The pictures related to the Activities on the Site are for illustration purposes only and may not necessarily be actual pictures of the Activity.
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.
18. Payment
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.
Funzing shall retain the proceeds from the sale of each Ticket and forward the Net Amount (as defined below) to the Activity Provider of the Activity represented by the Ticket within 14 days of the Activity represented by the Ticket being held, provided that the purchasing user of the relevant Ticket did not cancel its participation in the Activity in a manner allowed by these Terms of Use.
In addition, and without derogating from any other provision of these terms of these Terms of Use (including without limitation such terms relating to Funzing's limited liability), to the extent a certain Activity does not meet such Activity's quality, quantity and/or compatibility to the description of such Activity in the Site as provided by the Activity Provider, or to the highest standard of performance of such Activity, all as shall be determined by Funzing in its sole discretion, including based on information provided to Funzing by users, then Funzing shall be entitled to determine, in its sole discretion, that the Activity Provider is not entitled to any payment in connection with all or some of the Ticket(s) sold in connection with such Activity. To the extent the Net Amount was paid to the Service Provider in connection with such Ticket(s), than such payment shall be either (at Funzing's discretion) reduced from the following Net Amount to be paid to the relevant Activity Provider, or, alternatively, the Activity Provider shall refund Funzing such amount within 14 days of Funzing's notice to him in the matter.
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.
Following a cancelation, subject to these Terms of Use and provided cancelling user did not use the cancelled Ticket to participate in the Activity represented by such Ticket, user of a cancelled Ticket shall receive the amount paid by it for the ticket within 14 days of Funzing receiving a cancellation notice . Alternatively, purchasing user may, at its sole discretion, choose (by giving notice of such election to Funzing) to retain the funds it has paid for the cancelled Activity on its Funzing account for later use.
In the Event of a cancellation by a user who has purchased a Ticket, such cancelling user may be charged an amount equal to up to 5% of the Ticket price as a cancellation fee, such fee to be subtracted from the cancelled Ticket price to be returned to user. The cancellation fee may be charged by either Funzing or Activity Provider and waiver of such right by either of them shall not constitute a waiver by the other (a double cancellation fee may not be charged). In the event both Funzing and Activity Provider waive the cancellation fee, no cancellation fee shall be charged. For avoidance of doubt, the Activity Provider shall not be entitled to any cancelation fee or part thereof and all cancelation fee shall solely belong to Funzing. Notwithstanding the above, no cancellation fee shall be charged for a cancellation of a Ticket by a purchasing user of such Ticket due to: (i) a substantial misfit between the information provided about such activity on the Site and the actual activity or due to a substantial flaw in the Activity, provided that such cancelling user has not taken part in the Activity;(ii) a cancellation of an Activity by Activity Provider; (iii) a cancellation of an Activity is due to an unattained minimum requirement of Ticket purchases to such Activity; and (iv) a cancellation of a Free Ticket. The aforementioned exceptions shall not derogate from any other term of these Terms of Use and shall only be additional to events upon which Funzing may cancel the Site's activity or cancel any purchase or an offer in whole or part.
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: payments@funzing.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.
Without derogating from any other provision herein, Referral Affiliates (a) shall only upload Designated Links to sites for which they have the right to so do and shall be fully responsible for obtaining, and complying with, all permits, consents, licenses and authorizations which may be required for Referral Affiliate's activities hereunder; (b) shall not post Designated Links on any site or other medium which contains content which is, or promotes or otherwise takes part in any activity which is, unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violating of any third-party rights; and (c) shall not use Designated Links in any manner that is spamming, fraudulent, unlawful, harassing, misleading, violating of any third-party rights, or otherwise would defame Funzing or deprecate from its name or reputation. Referral Affiliates shall be fully liable with respect to the sites on which they post Designated Links. For avoidance of doubt, any action related to a Designated Link or as part of the Referral Affiliate program shall be considered a 'use' of the Site and subject to these Terms of Use.
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
IN NO EVENT SHALL FUNZING, ITS SUBSIDIARIES OR AFFILIATES, ANY OTHER MEMBER OF THE FUNZING GROUP OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED IN THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE COUPON OR ACTIVITY OFFERS ON THE SITE, THE ACTUAL ACTIVITES (IINCLUDING WITHOUT LIMITATION THE CANCELLATION THEREOF) (E) THE CREDITS OFFERED ON THE SITE (IINCLUDING WITHOUT LIMITATION THE CANCELLATION THEREOF); (F) ANY DESIGNATED LINK AND/OR THE REFERRAL AFFILIATES PROGRAM; AND/OR OTHERWISE IN CONNECTION WITH THESE TERMS OF USE AND/OR THE FUNZING PRIVACY POLICY. THE ACTIVITY PROVIDER AND TICKET PURCHASER ARE SOLELY LIABLE TO EACH OTHER IN CONNECTION WITH ANY TRANSACTION BETWEEN THEM AND BOTH WAIVE ALL CLAIMS OR PROSECUTIONS AGAINST THE FUNZING GROUP RELATING TO THE ACTUAL ACTIVITY OR ACTIVITY OFFERS AVAILABLE ON THE SITE, AMONGST OTHERS, ANY FAILURE OF THE ACTIVITY PROVIDER TO ACT IN ACCORDANCE WITH THE TERMS OF THE ACTIVITY OFFER OR TICKET. THE ACTIVITY PROVIDER SHALL BE SOLELY RESPONSIBLE FOR DETERMINING THE TICKET PRICE, ECONOMIC VALUE AND TAX IMPLICATIONS OF THE ACTICITY OR ITS OFFERING AND HEREBY WAIVES ANY CLAIM OR PROSECUTION AGAINST FUNZNIG RELATING TO THE TAXATION AND FINANCIAL ASPECTS OF THE ACTIVITY. REFERAL AFILIATES SHALL BE SOLELY RESPONSIBLE FOR ANY TAX IMPLICATIONS RELATED TO ANY REFERRAL AFFILIATE FEE AND THEIR PARTICIPATION IN THE REFERRAL AFFILAITE PROGRAM AND HEREBY WAIVE ANY CLAIM OR PROSECUTION AGAINST FUNZNIG RELATING TO THE TAXATION AND FINANCIAL ASPECTS OF THE REFERRAL AFFILIATE PROGRAM. WITHOUT DEROGATING FROM THE AFOREMENTIONED, IN NO EVENT WILL THE FUNZING GROUP'S LIABILITY IN CONNECTION (A) WITH AN ACTIVITY OR ACTIVITY OFFER EXCEED IN THE AGGREGATE THE AMOUNTS PAID TO FUNZING FOR THE APPLICABLE ACTIVITY TICKET; AND (B) WITH THE REFERRAL AFFILIATE PROGRAM EXCEED IN THE AGGREGATE THE AMOUNTS DUE AND UNPAID BY FUNZING TO AN APPLICABLE REFERRAL AFFILIATE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND/OR ANY OTHER MATTER REFERENCES IN THESE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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.
25. Indemnification/Release
You agree to defend, indemnify and hold harmless Funzing, its subsidiaries and affiliates, any other members of the Funzing Group and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to: (a) any term of an Activity offer of an Activity purchased through the Site; (b)any Activity purchased by you through the Site; (c) any User Content submitted or posted by you, in connection with the Site, or any use of the Site in violation of these Terms of Use; (d) any User Content submitted or posted by another person or entity using your account, in connection with the Site, or violating the Terms of Use of while using your account; (e) your use of Designated Links or the Referral Affiliate Program; (f) any fraud you commit or your intentional misconduct or gross negligence; and/or (g) your violation of any applicable U.S. or foreign law or rights of a third-party.
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
Funzing shall be excused from performance under these Terms of Use, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Funzing.
27. Assignment
You may not assign these Terms of Use, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the prior written permission of Funzing. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Funzing may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.
28. Entire Agreement
The Terms of Use constitutes the entire agreement and understanding between you and Funzing with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Funzing with respect to such subject matter.
29. Additional Terms
No waiver by either you or Funzing of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Agreement shall continue in full force and effect.
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.
The provisions of these Terms of Use are for the benefit of Funzing, its subsidiaries, affiliates any other members of the Funzing Group, Funzing's Merchants and Funzing's third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.
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.

These Terms of Use were last updated on September 19, 2016.

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