TERMS AND CONDITIONS

Welcome to the FunkyShirt.co.uk website, which is located at www.FunkyShirt.co.uk (the "Website"). This Terms of Service Agreement ("TOS") contains the terms and conditions that govern your use of the Website and the FunkyShirt Service (as defined below). This TOS describes your rights and responsibilities and what you can expect from the FunkyShirt Service. The Website and FunkyShirt Service are provided by FunkyShirt.com, (“FunkyShirt”). Use of the Website constitutes your acceptance of and agreement to this TOS. If you do not agree with this TOS you may not use the Website or the FunkyShirt Service.

FunkyShirt reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time, in its sole discretion, by posting a change notice or a new agreement on the Website. In the event of substantive changes to this TOS, you may be notified by email within 14 days of the changes. If any change is unacceptable to you, your only recourse is to not use the Website or FunkyShirt Service. Your continued use of the Website and FunkyShirt Service following a posting of a change notice or new agreement on the Website will constitute binding acceptance of the changes.

 

Use of the Web site and FunkyShirt Service.

 

· Eligibility. FunkyShirt will only knowingly provide the FunkyShirt Service to parties that can lawfully enter into and form contracts under the applicable laws of England and Wales. If you are under the age of 18 you may only use the FunkyShirt Service under the supervision of a parent or legal guardian who agrees to be bound by this TOS.

 

General Rules.

 

· Prohibited Use. You may only use the FunkyShirt Service as expressly permitted by FunkyShirt. You may not cause harm to the Website or the FunkyShirt Service. Specifically, but not by way of limitation, you may not: (i) interfere with the FunkyShirt Service by using viruses or any other programs or technology designed to disrupt, damage or render less efficient any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the FunkyShirt Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the FunkyShirt Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain FunkyShirt' name or trade marks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the FunkyShirt Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by this TOS.

Privacy Policy. By entering into this TOS, you agree to FunkyShirt' collection, use and disclosure of your personal information in accordance with the Privacy Policy.

Linking. Websites or web pages to which the Website is linked or to which you are directed are for information purposes and to provide you with opportunities to purchase products and services from third parties and have not been reviewed by FunkyShirt. FunkyShirt accepts no responsibility for the content of any third party websites or web pages and does not accept responsibility for any losses or penalties incurred as a result of your use of any links or reliance on the content of any third party website to which the Website is linked or to which you are directed.

When you access a website, either through a link from the Website or through being directed by FunkyShirt, you accept that it is independent from the Website and that FunkyShirt has no control over the content of the linked third party website. A link to a third party website does not mean that FunkyShirt endorses companies or products or accepts any duty or responsibility for the content, accuracy or the use of the contents of such website. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. FunkyShirt reserves the right to terminate any link or linking program at any time. You should take precautions to ensure protection of your privacy if you decide to access any of the third party websites.

 

Submissions.

 

  • When you submit questions, comments, suggestions, ideas, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant FunkyShirt permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense, without any obligation, payment or notification to you. You agree that FunkyShirt will have no obligation to keep any Submissions confidential. You will not bring any claim against FunkyShirt related to or arising from FunkyShirt' use of a Submission. This section does not apply to Content that you use on Products.

 

Disclaimers and Exclusions.

 

· DISCLAIMER OF WARRANTIES. FUNKYSHIRT PROVIDES THE WEBSITE AND FUNKYSHIRT SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. FUNKYSHIRT DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, FUNKYSHIRT SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. FUNKYSHIRT MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT, OTHER THAN THOSE WHICH CANNOT BE EXCLUDED BY LAW.

 

Limitation of Liability.

 

· LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW FUNKYSHIRT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE FUNKYSHIRT SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATION OF LIABILITY DOES NOT APPLY IN THE CASE OF DEATH OR PERSONAL INJURY CAUSED BY FUNKYSHIRT’ NEGLIGENCE OR FRAUDULENT ACTS.

 

Termination.

 

· Termination. In its sole discretion, with or without notice to you, FunkyShirt may: (i) suspend, limit your access to or terminate your use of the Website and/or the FunkyShirt Service, (ii) suspend, limit your access to or terminate your account, (iii) prohibit you from using the FunkyShirt Service and/or the Website.

Survival. Notwithstanding section above, this TOS will survive indefinitely unless and until FunkyShirt chooses to terminate this TOS.

Effect of Termination. If you or FunkyShirt terminates your use of the Website or the FunkyShirt Service, FunkyShirt may delete any Content or other materials relating to your use of the FunkyShirt Service on FunkyShirt' servers or otherwise in its possession and FunkyShirt will have no liability to you or any third party for doing so.

 

Notice.

 

  • All notices required or permitted to be given under this TOS will be in writing and delivered to the other party by any of the following methods: (i) Airmail mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to FunkyShirt, you must use the following addresses: info@FunkyShirt.co.uk. If FunkyShirt provides notice to you, FunkyShirt will use the contact information provided by you to FunkyShirt. All notices will be deemed received as follows: (i) if by delivery by Airmail, fourteen (14) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

 

Miscellaneous.

 

  • This TOS is governed by and construed in accordance with the laws of England and Wales. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as FunkyShirt does, to submit to the non-exclusive jurisdiction of the courts of England and Wales. This TOS is personal to you and is entered into by you for your own benefit and not for the benefit of any third party. A person who is not a party to this TOS shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of this TOS. This TOS is not assignable or transferable by you without the prior written consent of FunkyShirt. This TOS will be binding upon each party hereto and its successors and permitted assigns. Except in the event of fraud or fraudulent misrepresentation this TOS (including all of the policies and other agreements referred to in this TOS, which are incorporated herein by this reference) contains the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and FunkyShirt are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS or your use of the Website or the FunkyShirt Service. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect. Except with regard to your statutory rights, FunkyShirt will not be held responsible for any delay or failure to comply with its obligations under this TOS if the delay or failure arises from any cause which is beyond its reasonable control.