Last Updated: August 18, 2015
A. TERMS AND CONDITIONS OF USE
1. User Conduct
In connection with your access and use of the site and that of any person authorized by you to access and use the site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the site, neither you nor your Company may cause or permit any person to do any of the following:
(a) use the site or Content for any unlawful purpose;
(b) use the site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
(c) impose an unreasonably or disproportionately large load on the site or otherwise interfere with or inhibit any other User of this site from using or enjoying the site;
(d) use the site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;
(e) use the site to post or transmit any information which is invasive of another's privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and
(f) use the site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
2. Use of the site
As a condition of your use of the site, you agree that:
You are at least 18 years of age;
You are able to create a binding legal obligation;
You are not barred from receiving products or services under applicable law;
You will not attempt to use the site with crawlers, robots, data mining or extraction tools or any other functionality;
You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
You will only make purchases on the site for your own use and enjoyment or, as a gift for another person;
You have the right to provide any and all information you submit to the site, the information and all such information is accurate, true, current and complete;
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); and,
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You are entirely responsible for all Content that you post or email on the Service. Funclips does not control, and is not responsible for Content made available through the Service. By using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Funclips site and Content available through the Service may contain links to other Websites. Funclips makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other Websites is at your own risk and we recommend that you do so carefully. Funclips will not be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. Funclips does not pre-screen or approve Content, but it has the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
By continuing to use Funclips you hereby grant to Funclips a non-revocable, non-exclusive, transferable, royalty-free and sub-licensable worldwide license to all text, photographs, film, audio, or other recordings, still or moving that you submit (the “Media”) for Funclips’ unqualified use or modification in any medium including digital, electronic, print, television, film, radio and other medium now known or to be invented for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion and marketing. You agree that the Media may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. You acknowledge and agree that you have no further right to additional consideration or accounting, and that you will make no further claim for any reason to Funclips. You acknowledge and agree that this release is binding upon your heirs and assigns.
4. Copyrights and Trademarks
Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Funclips, the Funclips logo, and icons and marks identifying Funclips products and services are trademarks of Funclips and may not be used without the written consent of Funclips. You may not copy, reproduce, distribute, or create derivative works of the Service without Funclips' express written authorization. You may not reverse engineer, deconstruct, de-compile, alter, modify, disassemble, or otherwise attempt to derive source code from the Service. Funclips respects the intellectual property of others and we require that our Users do the same. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.
6. Your Account and Email Alerts
This Agreement sets forth the terms and conditions that govern the use of this site by the User. By using this site (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions set forth in this Agreement. The right to use this site is given on an individual basis to a specific User and is not transferable. Each User is responsible for protecting the confidentiality of User's password(s), if any. You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Funclips, and to keep it accurate, current and complete; (d) consent, upon registration with the site, to having your email address included on an email alert list for your city whereby you will be alerted by email of the offers presented for that city or cities. You can subscribe for additional email alert lists for additional cities by changing your preferences or unsubscribe from email alert list(s) at any time by clicking on the appropriate links in any email alert you receive; and (e) accept all risks of unauthorized access to the Registration Data and any other information you provide to Funclips. As a registered User whom has “registered” or completed the “sign up” form, you are giving Funclips permission to send periodic emails relating to our products and services; such as deal notifications. As a user, you can opt out of receiving such emails relating to products and services provided by Funclips. The User can unsubscribe anytime by emailing here: firstname.lastname@example.org and ask to be removed from our list of registered users and that you no longer want to participate with the Funclips website. User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Funclips and that Funclips shall not be responsible for any data lost while transmitting information on the Internet. While Funclips endeavours to make the site accessible 24 hours per day, 7 days per week, it is possible that the site may be unavailable from time to time for any reason including but without limitation to routine maintenance. You understand, acknowledge and agree that due to circumstances, whether or not controllable by Funclips, your access to the site may be interrupted, suspended or terminated from time to time or generally. Funclips has the right to change or discontinue any aspect or feature of the site and Funclips business, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Funclips may discontinue any portion of the site or any information disseminated or displayed or the method of such dissemination or display at any time.
8. SUBSCRIPTION/RECURRING BASED SERVICES (also known as PAY SERVICES)
Certain Services and Content made available on this Funclips Site may be offered by Funclips on a payment and/or recurring basis. These Pay Services may be offered by Funclips on a prepaid usage basis or on a periodic subscription ("Subscription" and "Recurring Payments") basis. Should you choose to purchase or subscribe to certain Pay Services, you will be required to register as described at the time of registration for the Pay Service, and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide as part of the registration process. You will be responsible for all uses of your Pay Services Account, including transactions effected and all applicable Pay Services fees, together with all applicable taxes (collectively, the "Fees"), incurred through your Pay Services Account. You agree to pay all the Fees applicable for such Pay Service which you incur. You agree to immediately notify Funclips of any unauthorized use of your Pay Services Account. Unless otherwise indicated in the registration process, in your Pay Services Agreement or in these Terms and Conditions, the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each payment period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account (the "Account Credit Card") or through such other billing process as applicable. All Fees are non-refundable.Please note that Subscription Pay Services are billed automatically at the end of each payment period as set out in your Pay Services Agreement and Fees in respect of each payment period will be based on the then-current rate for the particular Subscription Pay Service. You may terminate your Pay Services Agreement at any time, which termination will only be effective at the end of the payment period in which you terminate your Pay Services Agreement, in accordance with these Terms and Conditions and your Pay Services Agreement. By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all Account Credit Card information), and (c) you are the cardholder of the Account Credit Card.In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to the terms of your Pay Services Agreement and these Terms and Conditions, including, without limitation, the disclaimers, limitation of liability and provisions related to prohibited conduct set out herein; (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account; (c) that Funclips reserves the right to specify an expiry date for the use of any coupons or credits purchased in connection with any Pay Service; and (d) that Funclips reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service in accordance with these Terms and Conditions and your Pay Services Agreement.
9. MODIFICATION PAY SERVICE AGREEMENTS AND TERMS OF SERVICE IN CONNECTION WITH SUBSCRIPTION/RECURRING BASED SERVICES (also known as PAY SERVICES)
10. TERMINATION OF SERVICE
Funclips reserves the right to suspend or terminate your Account and your access to the Site, Services and Content, including Pay Services, at any time for convenience, or for any other reason, including without limitation, if: (a) the Account Credit Card is invalid for any reason; (b) you give Funclips and/or its affiliates or licensors false or misleading information; (c) Funclips and/or its affiliates or licensors does not receive any payment when due; or (d) Funclips has determined, in its sole discretion, that the use of this Funclips Site or of any Services through your Account is, or was in breach of these Terms and Conditions or you are using the Services for unlawful or improper use. Any such termination by Funclips will be in addition to and without prejudice to such rights and remedies as may be available to Funclips, including injunction and other equitable remedies. Your ability to use the Pay Services is also subject to any limits established by Funclips or by your Account Credit Card issuer. If Fees cannot be charged to your Account Credit Card or your charge is returned for any reason, including chargeback, Funclips reserves the right to either suspend or terminate your Pay Services Account and your access to the Pay Services. The disclaimer, limitations on liability, and indemnity provisions herein will survive termination or expiry of your Account, these Terms and Conditions and your Pay Services Agreement. Further, you agree that Funclips shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
11. TERMINATION OF SUBSCRIPTION/RECURRING BASED SERVICES (also known as PAY SERVICES)
You may terminate your subscription/recurring based service (Pay Service) at any time by accessing the "Cancel Subscription" link within the Member Centre section of the Site. All terminations will be effective at the end of the month in which such termination was effected. Funclips will not, under any circumstances, provide any refund in connection with the termination of any Pay Service for a Subscription with a duration of one month or less. With respect to the termination of Pay Services for a Subscription which are longer than one month, Funclips will provide a refund (in the form of a credit against the Account Credit Card) in an amount equal to: (i) the amount charged against the Account Credit Card and received by Funclips for the applicable Pay Service for a Subscription, less (ii) the regular amount that would have been payable if calculated on a monthly basis for the applicable subscription period up to the end of the monthly period in which termination is effective.
13. DISCLAIMER OF WARRANTY
The use of this site by you and your Company is at your and its sole risk. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, FUNCLIPS AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THE USE OF THIS site OR ANY SUCH THIRD PARTY Website WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
14. Limitation Of Liability
You waive and covenant not to assert any claims or allegations of any nature whatsoever against Funclips, its affiliates (including without limitation Jaunt), its loyalty program partners, or their respective directors, officers, employees or agents (collectively, the "Funclips Parties") arising out of or in any way relating to your use of the site, the Services, the Content or the materials contained in or accessible through the site.
In no event shall the aggregate liability of the Funclips Parties, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site exceed any compensation you pay, if any, to Funclips for access to or use of the site.
You are solely responsible for your interactions with Merchants and other Users of the site. To the extent permitted under applicable laws, you hereby release Funclips from any and all claims or liability related to any product or service of a Merchant, any action or inaction by a Merchant, including but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering (the “deal” or “coupon” offer) and any conduct, speech or User Content, whether online or offline, of any other third-party.
B. FUNCLIPS TERMS OF SALE
When you place and order to buy something on the site you are making an offer to purchase the voucher(s) that you have selected on the following terms. Any voucher(s) are either or both printed or simply displayed on a computer screen; screens such as a computer, laptop, cell-phone, smart-phone, tablet, television, etc. To make a purchase on the site you must first register with the site and create a User account.
1. All vouchers are subject to the Terms of Sale of Funclips and the participating merchant(s).
2. Funclips is not the supplier of the goods and/or services. They are supplied by the merchant(s), (also known as “Advertising Sponsor”), upon whose behalf we provide the vouchers (or deals, coupons, offers, etc.) to you, and the merchant is responsible for redeeming the vouchers you have purchased.
3. Funclips is not responsible for any injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by a participating merchant. Funclips is not responsible for any lost or stolen vouchers. Funclips is not liable for any unclaimed property liability arising from vouchers or deals that are not redeemed.
4. The vouchers have no cash surrender value. Unless required by law, the vouchers cannot be redeemed for cash or applied as payment to any account. The vouchers cannot be combined with any other vouchers, certificates, discounts, or promotions unless otherwise specified by the merchant.
5. Each voucher has specific set of rules and discount details as set out by the Advertising Sponsor, along with, but not limited to; maximum value(s), expiry date, date and time restrictions if any. Other terms and conditions may apply – see offer for details. Please read the voucher (deal or coupon) carefully prior to making your final buying decision.
6. One of Funclips.ca top priorities is to provide an amazing User experience each and every time you go online to our site. If you are not happy with your purchase, please let us know why (in great detail) and our customer service team will work with you to straighten out any challenges that you may face. Each issue will be investigated and handled on the case by case basis to determine the best resolution.
7. Promotional codes may be offered through Funclips.ca from time to time offering a discount (the“Discount”) off purchases transacted on Funclips.ca, exclusive of taxes, shipping and delivery. To redeem, you must Log In or Sign Up for an account at Funclips.ca. Once logged in, select the deal(s) you wish to purchase and proceed to checkout. On the checkout screen, under “order summary”, select “add” to add a promotional code, and enter code. Discount must be used in a single transaction and product restrictions or exclusions may apply. Other terms and conditions may apply – see offer for details. Discount valid for the period stated on the promotional code offer. Not valid towards the purchase of Funclips gift cards. Discount cannot be combined with any other offers. Funclips reserves the right to limit, revoke or refuse the use of the Discount at any time at its sole discretion. Discount is non-transferable and may not be exchanged for cash. Discount will not be granted and may not be redeemed for a future purchase if the initial transaction is canceled or refunded or item(s) are returned. Discount will not be granted if code is not applied during the transaction or incorrectly entered. Funclips is unable to re-apply or provide the customer with the Discount in any other manner once the transaction has been completed.
8. Funclips gift cards are valid towards purchase of all offers that are transacted on Funclips.ca, unless otherwise stated on the offer page. Not valid towards the purchase of Funclips gift cards. Other terms and conditions may apply – see offer for details. To redeem, you must Log In or Sign Up for an account at Funclips.ca. Once logged in, select the deal(s) you wish to purchase and proceed to checkout. On the checkout screen, under “order summary”, click “add” to add a gift card, and enter the numerical code found on your gift card. Your total order value will be reduced by the amount of credit available on the gift card. Use gift card for multiple transactions until balance is depleted. Any purchase for an amount greater than the available balance of your gift card must be paid with an alternative method of payment. Unauthorized use, reproduction or resale is prohibited. Not re-loadable. Safeguard your gift cards. Gift cards will not be replaced or replenished if lost, stolen, used incorrectly or without authorization. All gift card purchases are final sale, no refunds. Funclips reserves the right to limit, revoke or refuse the use of a gift card at any time at its sole discretion. May not be exchanged for cash. Purchase, use or acceptance of gift card constitutes acceptance of these terms.
2. Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforce ability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
3. Any provisions of these Terms that are reasonably infer-able to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this site.
4. These Terms do not confer any rights, remedies, or benefits upon any person other than you.
5. We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
6. Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
7. If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforce ability of any remaining provisions.
8. Possible evidence of use of the site for illegal purposes will be provided to law enforcement authorities.
9. Discontinuation of use of this site is your sole right and remedy for any dissatisfaction with the site or any of the Content.
10. OTHER AGREEMENTS
If you have entered into a separate written agreement with Funclips with respect to your use of the site or any Content, that agreement will supersede these Terms to the extent they are in conflict.
REFUND POLICY: VOUCHER (ONLINE, DIGITAL OR PRINT)
The following information outlines our meaningful refund policy:
Refunds on Vouchers (Online Single Deals):
Within the first 21 days after your deal, discount, coupon or voucher purchase, if you have not used your voucher and would like to return it, please contact us and we will provide you refund in the form of credit to use toward another voucher or Funclips product purchase. After the 21 days have passed each request is handled on a case-by-case basis, if warranted. Refunds will not be provided on expired vouchers.
Should a voucher’s redemption window be shorter than 21 days, refunds in the form of credit to use toward another voucher or Funclips product purchase will be available until the listed expiry date. Refunds will not be provided on expired vouchers.
Refunds on coupon book products:
Products include the Funclips coupon book(s) delivered directly to you by Funclips and it's 3rd party shipping companies. Products may be returned for a full refund within 21 days of delivery only if the product is free of damage or removed pages/coupons. All other requests for refunds will be handled on a case-by-case basis. In all cases, the product must be returned to Funclips in order to receive any compensation, and refunds cannot be issued until the product has been received. Customers are responsible for any return shipping costs. Refunds will not be provided on expired coupon book products.
Refunds on events and seasonal offers:
Once the event date has arrived, the voucher is 100% non-refundable. Please refer to the Offer Details for more information. Funclips will not issue refunds due to inclement weather.
Refunds on affiliate offers:
Offers brought to you by our affiliate partners do not fall under any of Funclips refund policies. Instead, the partner’s policies take full effect. Applicable terms will be provided within the details of the offer.
The following items are not refundable: Funclips gift cards and Promotional Codes have no cash value and are not refundable