Terms of Service

OVERVIEW

This website is operated by Funkissd. Throughout the site, the terms we, us and our refer to Funkissd. Funkissd offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by these Terms of Service, including additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the site.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, you may not access the website or use our Services.

Any new features or tools added to the store are also subject to these Terms. We may update, change or replace any part of these Terms by posting updates to this page. Your continued use of the website following changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and Services.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your province or state of residence, or that you are the age of majority and have consented to allow any minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose or violate any laws in your jurisdiction, including copyright laws. You must not transmit worms, viruses, or destructive code. A breach or violation of these Terms may result in termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

Your content, excluding credit card information, may be transferred unencrypted over various networks and adapted to technical requirements. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or access to the Service without express written permission from us.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. Site material is provided for general information only and should not be relied upon as the sole basis for decisions. Reliance on this material is at your own risk.

Historical information is provided for reference only. We reserve the right to modify site content at any time but have no obligation to update it.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices are subject to change without notice. We reserve the right to modify or discontinue the Service or any part of it without notice. We are not liable for any modification, price change, suspension or discontinuance.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online and may have limited quantities. Returns and exchanges are subject to our applicable Refund Policy.

We make every effort to display product colors and images accurately, but cannot guarantee that your monitor will display colors accurately.

We reserve the right to limit sales, quantities, or availability of products or Services and may discontinue products at any time. Product descriptions and prices are subject to change without notice.

We do not warrant that the quality of products, Services, information or other material purchased through the Service will meet your expectations or that errors will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order and to limit or cancel quantities purchased per person, household or order.

If we change or cancel an order, we may attempt to notify you using the contact information provided at checkout. We may limit or prohibit orders that appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information and to promptly update information necessary to complete transactions and contact you.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools over which we neither monitor nor have control. Such tools are provided as is and as available, without warranties or endorsement. Use of optional tools is at your own risk and discretion.

New Services or features added in the future will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Our Service may include materials or links from third parties. Third-party websites are not affiliated with us and we are not responsible for their content, accuracy, products, Services or practices. Please review their policies before engaging in transactions with them.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send comments, ideas, suggestions, proposals or other materials, you agree that we may edit, copy, publish, distribute, translate and otherwise use them in any medium without restriction.

We are not obligated to maintain comments in confidence, pay compensation for comments, or respond to comments. We may monitor, edit or remove content that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable.

You agree that your comments will not violate third-party rights or contain unlawful, abusive, obscene or malicious material. You may not use a false email address or mislead us or third parties about the origin of comments. You are solely responsible for your comments and their accuracy.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally information on our site may contain typographical errors, inaccuracies or omissions relating to products, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct errors, update information or cancel orders if information is inaccurate, including after an order has been submitted.

SECTION 12 - PROHIBITED USES

You are prohibited from using the site or its content for unlawful purposes; to solicit unlawful acts; to violate applicable laws; to infringe intellectual property rights; to harass, abuse, defame, intimidate or discriminate; to submit false information; to upload malicious code; to collect or track personal information of others; to spam, phish, crawl or scrape; for obscene or immoral purposes; or to interfere with security features.

We reserve the right to terminate your use of the Service for violating prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee that use of our Service will be uninterrupted, timely, secure or error-free, or that results obtained from use of the Service will be accurate or reliable.

The Service and products delivered through it are provided as is and as available, without warranties or conditions of any kind, except where expressly stated or required by applicable law.

To the maximum extent permitted by law, Funkissd and its directors, officers, employees, affiliates, agents, contractors, suppliers, Service providers and licensors will not be liable for indirect, incidental, punitive, special or consequential damages arising from use of the Service or products purchased through it.

SECTION 14 - INDEMNIFICATION

You agree to indemnify and hold harmless Funkissd and its affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, suppliers and employees from claims arising from your breach of these Terms or violation of law or third-party rights.

SECTION 15 - SEVERABILITY

If any provision is determined to be unlawful, void or unenforceable, it will be enforced to the fullest extent permitted by law and the unenforceable portion will be severed without affecting the remaining provisions.

SECTION 16 - TERMINATION

These Terms remain effective unless terminated by you or us. We may terminate or restrict access to the Service if you fail, or we suspect you have failed, to comply with these Terms.

SECTION 17 - ENTIRE AGREEMENT

These Terms and any policies or operating rules posted on the site constitute the entire agreement governing your use of the Service and supersede prior agreements and communications.

SECTION 18 - GOVERNING LAW

These Terms and any separate agreements under which we provide Services shall be governed by and construed in accordance with the laws of Canada.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace these Terms by posting changes to the website. Your continued use following changes constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent through our Contact page.