Terms & Conditions

Last updated: October 26th, 2014

Terms of Use

Welcome to the FunkyParty site. Please review the terms and conditions of use carefully, as they govern your use of FunkyParty.ca.

The following terms and conditions of use are an agreement between Funky Party and you. Your use of the site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to modify this Agreement at any time in our sole discretion without prior individual notice. Any modifications to this Agreement will be posted on FunkyParty.ca. For this reason, we encourage you to review the Agreement whenever you use FunkyParty.ca. You can tell when this Agreement was last modified by checking the “last updated” date that appears at the top of the Agreement. If you do not agree to these terms, please do not use FunkyParty.ca.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Right to Change FunkyParty.ca

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue FunkyParty.ca or any service, content, feature or product offered through FunkyParty.ca, with or without notice; charge fees in connection with the use of funkyparty.ca; modify and/or waive any fees charged in connection with funkyparty.ca; and/or offer opportunities to some or all users of funkyparty.ca. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of funkyparty.ca, or of any service, content, feature or product offered through funkyparty.ca.

Site Contents

FunkyParty.ca and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents displayed on FunkyParty.ca for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the website.

User Comments, Feedback, and Other Submissions

You agree that your Comments will not violate any right of any third party, including copyright, trade-mark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of FunkyParty.ca. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Funky Party, its affiliates or other third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Funky Party takes no responsibility and assume no liability for any Comments posted by you or any third party.

Personal Information Submitted Through FunkyParty.ca

Your submission of personal information through funkyparty.ca is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Sites (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Product Information

All the products are available exclusively online through funkyparty.ca. These products may have limited quantities and are subject to return or exchange only through funkyparty.ca according to the applicable return policy.

We have made every effort to display as accurately as possible the colors of our products that appear at FunkyParty.ca. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Promotions

In addition to the terms and conditions of this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through funkyparty.ca may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.

Disclaimer

THE CONTENT OF FUNKYPARTY.CA IS PROVIDED “AS IS” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

ANY FUNCTION CONTAINED IN FUNKY PARTY.CA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT FUNKYPARTY.CA OR THE SERVERS THAT MAKE FUNKYPARTY.CA AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FUNKY PARTY EXPRESSLY DISCLAIM ANY DUTY TO UPDATE OR REVISE THE CONTENT OF THE SITES, ALTHOUGH WE MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOUR USE OF FUNKYPARTY.CA IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF FUNKYPARTY.CA.

Funky Party represent or warrant that FunkyParty.ca is appropriate or available for use in any particular jurisdiction. Those who choose to access FunkyParty.ca do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit FunkyParty.ca availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FUNKY PARTY SOULD NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE FUNKYPARTY.CA; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON FUNKYPARTY.CA, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM FUNKYPARTY.CA; (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON FUNKYPARTY.CA; OR (F) ANY OTHER MATTER RELATING TO FUNKYPARTY.CA. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF FUNKYPARTY.CA. IF YOU ARE DISSATISFIED WITH ANY PORTION OF FUNKYPARTY.CA, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF FUNKYPARTY.CA.

Indemnification

You agree to defend, indemnify and hold Funky Party and each of their respective officers, directors, employees, shareholders, agents and representatives harmless from and against any and all claims, damages, costs and expenses, including legal fees, arising from or related to your use of FunkyParty.ca and/or your breach of any representation, warranty, condition or other provision of the Agreement.

Dispute Resolution

Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Funky Party agree to the following dispute resolution procedure: Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on FunkyParty.ca, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent. To the maximum extent permitted by law, both you and Funky Party agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

Choice of Law and Jurisdiction

To the maximum extent permitted by law, this Agreement shall be construed in accordance with the laws of Ontario and Canada, as applicable therein, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the Superior Court of Justice or Federal Court of Canada residing in Toronto, Ontario.

General

The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Funky Party’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.

Funky Party may assign its rights and obligations under the Agreement. The Agreement will inure to the benefit of Funky Party’s successors, assigns and licensees.

Termination

These terms are effective unless and until terminated by either you or Funky Party also may terminate this Agreement at any time without notice, and accordingly may deny you access to FunkyParty.ca, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes