Terms of Service
Welcome to Funzing - the online marketplace for local leisure activities (the “Platform”). We, Funzing International Ltd. and Funzing Ltd. (“Funzing”, “us”, “we”, “our”), own and operate the Platform. Please read carefully the following terms of use, the policies incorporated thereto and Funzing Privacy Policy (collectively, the "Terms"), because they constitute a binding agreement between you, the user who uses the Platform (“You”), and Us. By accepting these Terms or by accessing or using the Platform, you signify your agreement with these Terms. If you do not agree to these Terms, you may not access or use the Platform.
We may change the Terms to meet technical, operational and legal changes. We will post the changes made to the Terms on our website, and we may send you a notice by email, reasonable time before the changes take effect. You may choose to deny the amended Terms and terminate your account. By continuing to use your account with the Platform after the new changes have taken effect, you indicate your agreement to the amended Terms.
Nothing in these Terms will prevent or stop you from being able to enforce your legal rights provided under UK law.
About Funzing and the Platform
• Funzing is, registered in the UK. Our VAT registered number is 09791714, and our registered office is at 189-190 Shoreditch High Street, London E16HU. Our E-mail address is: Hosts - hosts@funzing.com; General Support - team@funzing.com.
The Platform is an online platform offering services for e-commerce, the formation and offer of leisure activities and services (activity or service offered on the Platform will be referred to as an "Activity" and any offeror of such an Activity will be referred to as an "Activity Provider"), Activity reservation and the purchase of entry tickets for Activities (any ticket purchased on the Platform for an Activity will be referred to as a "Ticket").
We may modify or enhance our Platform, and may offer additional services and features, free-of-charge or subject to additional fees. The additional services and features may be governed by additional or different terms.
Grant of Right
We hereby grant you a non-exclusive, non-transferable, limited, personal, revocable right to access the Platform, for the purpose of reviewing or offering Activities and purchasing or selling Tickets and for additional services, as available by the Platform.
User Account
We offer the Platform for both registered users and guests. You may review the Platform and the Activities as a guest, but you must register as a user to purchase Tickets, to become Activity Provider or to use any feature offered by the Platform.
You may only create and hold one user account on the Platform. To sign up and login, you must choose a user name, email and password or to use Facebook connect. We may establish and require additional or different means of identification and authentication for logging-in and accessing the Platform.
You must notify us as soon as you become aware of any potential or actual misuse, unauthorized use, of your account. You agree that any person who you directly or implicitly permit to use your password is authorized to act as your agent to use the Platform, including purchases on your behalf.
We will not be responsible for your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your user profile as a result of compromising your details or conveying them to someone else.
You may terminate your user profile by contacting us via email at: team@funzing.com. We may require you to verify your identity by sending us additional information, as a condition for terminating your user profile. Upon completion of processing your request, we will terminate your account and you will no longer be able to access the Platform as a registered user.
Subject to these Terms and our discretion, you may renew your registration at any time after your user profile has been terminated, by completing the registration process again.
Notwithstanding any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your user profile, prohibit you from accessing the Platform, remove your uploaded content and take technical and legal measures to keep you off the Platform, if we determine in our sole discretion that: (a) you have abused your rights to use the Platform; or, (b) you have breached the Terms, or any usage guidelines we may convey to you; or, (c) you violated any applicable law, rule, or regulation; or,
(d) you have performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other users or providers of the Platform;
Acceptable Use of the Platform
When using the Platform, you agree to abide by any usage guidelines we may convey to you from time to time and by all applicable laws, regulations and rules.
You represent and warrant that: (i) your age is at least 18; (ii) the execution of these Terms and the performance of your obligations hereunder, do not and will not breach any agreement to which you are a party to, or any other legally binding instrument that you are committed to; (iii) when executed and delivered, these Terms will constitute your legal, valid and binding obligation, enforceable against you in accordance with the conditions hereunder; (iv) you will only make legitimate purchases of Tickets that comply with the terms of the respective Activity Providers;(v) you will only make legitimate uses of Coupons and Loyalty Cards that comply with the terms of such respective Coupons' offer notices; (vi) you will update and correct information you have submitted to the Platform and ensure that it is accurate at all times; (vii) your Platform purchases will be for your own personal use, or as a gift for another person (for avoidance of doubt, the resale of any purchased Ticket is not permitted); and (viii) you will not use information of users for any purpose without the Ticket purchasers users prior consent; (xiv) any purchase will be subject to the Terms.
You may not access or use the Platform –
• for or in connection with any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, foreign law or industry standard, including, any applicable laws and regulations governing intellectual property, privacy, defamation, fraud, mass email, spam, harassment, obscenity, hate-speech, export control, consumer protection, unfair competition and false advertising or any other deceptive practices;
• to upload, post, email, transmit, record, provide a recording or otherwise make available any information and materials that infringe a third party’s right, especially privacy, publicity and intellectual property rights; software viruses, Trojan horses, worms and any other malicious application to computers and networks;
• to develop or create a similar or competitive product or service to the Platform.
Restrictions
YOU MUST NOT USE THE PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSE, INCLUDING BUT NOT LIMITED TO, PROVIDING THE PLATFORM TO THIRD PARTIES BY RESELLING, LICENSING, RENTING, LEASING, TRANSFERRING, LENDING, TIMESHARING, ASSIGNING, MIRRORING, REDISTRIBUTING OR DISPLAYING THE PLATFORM OR ANY PART THEREOF AND TO SOLICITE AND APPROACH OUR ACTIVITY PROVIDERS, WITHOUT OUR PRIOR EXPLICIT PERMISSION.
Without limiting the aforesaid, you may not –
• modify any material or content we make available on the Platform, except as expressly permitted under these terms;
• modify, make derivative works of, disassemble, de-compile, distribute, publicly display, reverse engineer copy, license, sell or re-sell or otherwise exploit any part of the Platform (including Activities, Coupons and Tickets) or Platform's software code;
• interfere with, burden or disrupt the functionality of the Platform;
• circumvent, impair or manipulate the operation of the Platform;
• work around or circumvent any technical limitations in the Platform or use any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Platform;
• embed, frame or otherwise link directly to the Platform, from any other web-page, application or other resource, without our prior written permission;
• engage in or attempt to engage in any form of testing, scanning, crawling, scraping, probing, robotic navigating, bulk extracting or hacking the Platform;
• engage in any false, misleading or deceptive acts or practices involving the Platform or your identity, agency or affiliation with any person or entity;
• breach the security of the Platform, or any network or server used by the Platform, or identify any security vulnerabilities thereof without our prior knowledge and permission.
We may at any time, at our sole discretion and without prior notice, delete any material from our servers, in whole or in part.
Privacy and Data protection
Under the Data Protection Act 1998 ("Data Protection Act"), you have a legal right to a receive copy of all the personal information about you which is held by us. Should you wish to receive this information, please contact us and we will provide you with a copy of this information, subject to a fee – which will not exceed the maximum amount permitted by law in the U.K.
Under the Data Protection Act, you have a legal right to correct any errors in that information. You have a legal right to prevent the use of your personal information for direct marketing purposes. Please read more at: http://www.legislation.gov.uk/ukpga/1998/29/contents
These Terms will not limit or exclude our liability to you for breach of any obligations implied by the Data Protection Act and/or Section 12 of the Sale of Goods Act 1979 and/or section 2 of the Supply of Goods and Services Act 1982.
We use and process your personal information according to our Privacy Policy, and highly values the privacy of its user's.
Intellectual Property
Except for Contributed Content (as described below), all rights, title and interest in and to the Platform, including any articles, images, audio, video, graphic design, data and its processing and other intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to us. Unless as expressly provided, these Terms do not grant you any rights with respect to the Platform.
Platform’s trademarks (whether registered or not), name, logo and domain name – are our sole property. You may not use them, or any confusingly similar mark or text, without our prior express written consent.
This section will survive the termination of the Terms.
Contributed Content
The Platform may provide you various opportunities to submit or post content, including but not limited to reviews, opinions and ratings (collectively, "Contributed Content") through communication facilities that we may offer, through or in connection with the Platform, from time to time. We may require you to have a user account to submit Contributed Content. The Activities offers formed by Activity Providers and posted on the Platform will also be considered as "Contributed Content".
You may upload, make available and distribute Contributed Content, subject to any content upload technical and safety guidelines and limitations which will be conveyed to you through the Platform and amended from time to time.
You represent and warrant that you will not upload, post, transmit or otherwise make available Contributed 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.
We may display or give you the option to display your Contributed Content in connection with your personal information, such as your name, social networking website user account name, location, friends list, action you took on Funzing etc.
We do not claim ownership over your Contributed Content. However, when you upload any type of Contributed Content to the Platform you represent and warrant that all such Contributed Content is owned by or licensed to you, that you do not violate rights of others, and you grant Funzing and Funzing partners, affiliates and service providers (“Funzing Group”) permission to use such Contributed Content, for the purposes of providing, developing and marketing the Platform’s services. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the Contributed Content.
If you provide us improvements or suggestions relating to Funzing Group or the Platform, you agree that notwithstanding any terms that Funzing Group has no obligation to review any such improvements or suggestions or keep them confidential; Funzing Group will own (and may freely use in any way) the improvements or suggestions for any purpose without restriction and free of any obligation to acknowledge or compensate you.
Content Removal
We respect the rights of our users and any other person. If you believe that your rights are abused on the Platform, please send us a written complaint in accordance with these Terms to: team@funzing.com
We may report any Contributed Content and share user identifiable information, if we believe, in our sole discretion, that such content is illegal, abusive or may violate any third-party rights.
We may remove any Contributed Content if we believe, in our sole discretion, or receives a notice, from a third party, that such content may violate any third-party rights or at the request of a law enforcement authority.
Filing a Complaint
At any time, you can contact us at: Information.Security@funzing.com in a complaint about Contributed Content posted on the Platform that harms you. You may file a complaint whether you are a registered user or not. You must provide your identifying details and details regarding the Contributed Content’s subject of your complaint. We may require additional information to process your complaint. We will make reasonable efforts to review your complaint and respond promptly. We will not respond to anonymous complaints.
Activities
Funzing is a platform for Activity Providers to provide Activities. Providing the posted Activities is the sole responsibility of Activity Providers. Activity Providers will provide Activities that fit the descriptions of such Activities on the Platform and in accordance with these Terms and any relevant guidelines published on the Platform.
The specific terms of sale for each Activity, including the number of Tickets available and the description of such Activity is provided by the Activity Provider. Activity Provider is solely responsible for the Activity details and descriptions, subject to the "Disclaimer of Warranties" and "Limitation of Liability" Sections of these Terms.
Activity Provider may change the Activity details, including during the sale period of such Tickets. Funzing does not supervise the details provided by Activity Providers or their Validity. The pictures related to the Activities on the Platform 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.
Activity Providers Warranties and Liabilities
Activity Providers warrants that Activity Provider is and will remain free of any obligation or restriction which would interfere or be inconsistent with interests concerning Activity Provider’s services as furnished by Activity Provider in the Platform.
Activity Provider warrants that it will perform the services in the Platform with the degree of high professional skill and sound practices and judgment.
Activity Provider warrants that all services furnished by Activity Provider in the Platform will strictly conform to applicable law and regulations and that all Activities are covered under the appropriate insurance coverage according to the type of the activity and its nature.
Activity Provider will be the sole responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including reasonable attorneys' fees, all expense of litigation and/or settlement, and court costs, arising from any negligence or intentional acts or omission of Activity Provider, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under these Terms.
Tickets, Coupons and Credits
Any ticket purchased from the Platform will be subject to our Tickets, Coupons, Loyalty Cards, Subscription and Credits Policy.
From time to time Funzing may, at its sole discretion, offer, through the Platform or otherwise, coupons ("Coupons"). Coupons terms are specified in our Tickets, Coupons, Loyalty Cards and Credits Policy.
Funzing may grant users credit points ("Credits"). Such Credits will be subject to the terms specified in our Tickets, Coupons, Loyalty Cards and Credits Policy.
Payment Terms, Fees, Cancellations of Purchases
All terms regarding Payment, Transaction Fees (as defined below), Activity Providers’ fees and cancellation of purchases are specified in our Payment Terms.
Designated Link for Affiliates and Activity Providers
A "Designated Link" is a unique link provided by Funzing which links to a landing page on the platform. The use of Designated Links is subject to the terms specified in our Referral Affiliates Program.
Information Security
Funzing and Funzing hosting services implement systems, applications and procedures to secure your information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. These measures provide sound industry standard security. However, although we make efforts to protect your information, we cannot guarantee that our systems will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse.
Links
The Platform may contain links to other websites, information or content provided by third parties. We do not operate or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, objectionable, annoying, improper, unlawful or immoral.
By linking to a certain website, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity or legality.
We assume no responsibility for such third-party websites or content or their availability or for any transactions made between you and such third-party websites. We will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any third-party websites or content.
Advertisements
We may include in the Platform paid advertisements on behalf of interested vendors. By clicking the advertisements, you may be shifted to a service of the advertiser or receive any other messages, information or offers from the advertiser.
We are not responsible for such advertisements, the privacy practices of the advertiser or the content of their service, information, messages or offers. You are fully responsible for all communications with advertisers and to all transactions taking place subsequently. You understand that the advertisements of those vendors do not constitute a recommendation or encouragement by us, to procure the goods or services advertised.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM IS PROVIDED FOR USE "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE PLATFORM,
Limitation of Liability
WE, AND ANYONE ACTING ON OUR BEHALF WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON WITH RESPECT TO THE PLATFORM'S PROPERTIES, ABILITIES, LIMITATIONS, FITNESS TO YOUR NEEDS, OR WITH RESPECT TO ANY CONTENT AVAILABLE ON THE PLATFORM, THAT YOU RELY ON. WE, AND ANYONE ACTING ON OUR BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE PLATFORM, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE PLATFORM, OR FROM ANY FAULT OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR OWN RELIANCE ON THE CONTENT OR ON MATERIAL ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH US OR WITH OTHER USERS IN CONNECTION WITH THE PLATFORM – WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS.
Indemnification
You will indemnify us, and our officers, directors, shareholders and employees (the “Indemnified Parties”), and hold the Indemnified Parties harmless from and against any and all claims, losses, liabilities, damages, judgments, fines, fees, costs or expenses, taxes or interest or penalty thereon, including without limitation, reasonable attorneys’ fees and disbursements incurred in connection with any claim, action, suit, proceeding or investigation, whether civil, criminal, administrative or investigative, arising out of or in connection with your use of the Platform, your breach of these Terms, or your services as Activity Provider.
In addition, we will be entitled to deduct from any amount which we owe to you under these Terms.
This section will survive the termination of the Terms.
Changes and Availability
We will make efforts to have the Platform running efficiently and accessible at all times. However, the Platform's operation is dependent upon various factors such as software, hardware and communication networks. By their nature, these factors are not fault free.
We do not warrant that the Platform will operate in an uninterrupted or error-free manner. Such incidents will not be considered a breach of these Terms.
We may from time to time change the Platform's structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any prior notice. Changes of this character by their very nature are likely to result in glitches or cause inconvenience. We will not be held responsible for any outcome of these changes, and failures resulting from them.
Termination of Platform’s Operation
We may, at any time and at our sole discretion, discontinue, temporarily or permanently, the operation of the Platform, or any part thereof. We will post a notice on our website thirty (30) days prior to such termination and we may send you a notice by email. At any time, we may block, remove or delete any content from the Platform without maintaining any backup copy.
Governing Law; Jurisdiction.
These Terms are governed by English law only. Any legal claim will take place within the United Kingdom (and English courts will have the exclusive jurisdiction for it). All legal proceedings will be conducted in English.
This section will survive the termination of the Terms.
Notices
We may contact you and send you notices via email and through the Platform's interface. You may contact us at: team@funzing.com.We may publish – including on the Platform - any communications with you, as long as your personal details will not be revealed without your prior consent. All communications between us will be deemed as received after one business day.
General
These Terms along with the Privacy Policy and all other documents incorporated by reference to the Terms, constitute the entire agreement between you and us with respect to your use of the Platform and supersede any and all agreements, negotiations and understandings, whether written or oral, about the Platform.
No waiver, concession, extension, representation, alteration, addition or derogation from these Terms will be effective unless effected in writing and expressly.
No Assignment
You may not assign or transfer your rights or obligations under the Terms. Any attempted or actual assignment or transfer by you will be null and void. We may assign or transfer our rights and obligations under the Terms to any third party, provided that your rights under the Terms are not compromised by such assignment or transfer.
Independent Contractors
The relationship of you and the Platform, created by these Terms, is that of independent contractor and not that of employer-employee, principal-agent, partnership, joint venture or representative of the other. You may not make or give any agreement, statement, representation, warranty or other commitment, or create any obligation of any kind, on behalf of Platform, and will not make any misleading and/or inaccurate representations with respect to Platform or Platform services.
Severability
If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of these Terms will remain in full force and effect.
Funzing Tickets, Coupons, Loyalty Cards, Subscription and Credits Policy
Any ticket purchased from the Platform grants a one-time right to participate in the specific related Activity. The Activity will be provided by the specific Activity Provider. You must present your original Ticket to the Activity Provider in order to participate the Activity. Activity Provider may request to see Ticket purchaser's identification before allowing purchaser to participate in Activity.
An invalid Ticket, including an unused invalid Ticket, will grant no right whatsoever, including 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.
Tickets may also be offered by Activity Provider for no purchase price ("Free Ticket"). Unless expressly stated to the contrary in these Terms, any reference made in these Terms to Tickets also refers to Free Tickets.
Without derogating from the "Disclaimer of Warranties" and "Limitation of Liability" Sections of these Terms, Funzing and Activity Provider will not be liable to any theft or loss of a Ticket. Any attempt to use the Ticket in contradiction to these Terms will immediately invalidate the Ticket.
Coupons
From time to time Funzing may, at its sole discretion, offer, through the Platform 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 will be stated in such Coupon's offer notice. Coupons may be offered by Funzing to personal use, or to a certain group of users and subject to the terms specified in the Coupon offer notice.
Unless stated otherwise on the Coupon's offer notice, each Coupon may only be used, whether partially or fully, in one instance. A partially used Coupon will not entitle its user to the remaining balance of such Coupon and, following such partial use, will grant no further right whatsoever, including no right to a refund of any sort and no right of participation in any Activity.
Each Coupon will 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, will grant no right whatsoever, including 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 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).
Loyalty Card
A user will be eligible to receive the Loyalty Card Credit (as defined below) for each five valid cash purchase of Ticket(s) for different Activities on the Platform within twelve months period (i.e. five (5) purchases in total) (the “Purchases”). A valid Purchase will be a Purchase that contains a certain cash amount which was not cancelled by the user or by Funzing for any reason. A Purchase can be counted only once. The “Loyalty Card Credit” will be a Credit (as defined below) to be used solely by user on the Platform only, for an amount calculated as the lowest cash amount actually paid by user for one out of the five Purchases. For clarity, if a user purchases Tickets to a certain Activity in several purchases, only the cash amount paid in the first purchase shall be relevant for the purpose of the entitlement to the Loyalty Card Credit calculation and all other purchases for such Activity shall be disregarded for such purpose for both the calculation and the count of Purchases. Any Transaction Fees, if paid, will not be considered as part of the Purchase amount for purposes of calculating the Loyalty Card Credit. The Loyalty Card Credit shall be in effect during one (1) year following the date of the last purchase among the Purchases (regardless of its amount) (the “Term”). If the user did not use the Loyalty Card Credit during the Term, such Loyalty Card Credit shall be automatically canceled and the user shall not be entitled to use it. For the avoidance of doubt, all the five (5) Purchases (including any single purchase thereunder) with respect to which the Loyalty Card Credit was awarded shall not be taken into account in the next count of Purchases and Loyalty Card Credit. Funzing is entitled to terminate the Loyalty Card Credit program set forth above (including, without limitation, with respect to Loyalty Card Credit not yet used) at any time.
Users Credit
Funzing may grant Platform’s users credit points ("Credits") for the performance of the Platform’s user actions ("Credit entitling Action") pursuant to Funzing's Credits terms, as published on the Platform and may be amended from time to time. Funzing may change the Credits policy or remove Credit Entitling Actions at its sole discretion without a prior notice.
The Credits granted to each user are non-transferrable and may only be used by such user towards the purchase of Tickets (but not for payment of the Transaction Fee) according to the Credits policy. Funzing, at its sole discretion, may cancel yet unused Credits granted to users at any time, including before the usage of such Credit. Each Credit may only be used once. An invalid or cancelled Credits will grant no right whatsoever, including no right to a refund of any sort and no right of participation in any Activity.
Subscription
Subscription. Subject to the terms of the subscription below, Funzing may provide a personalized subscription service that allows the user to enter an unlimited number of events from a certain events category designated for this purpose by Funzing (e.g. cinema, talks etc.) in a certain territory ("Subscription Category") during the period of 30 days following the purchase of the subscription and any renewal periods thereafter, with preferable ticket purchase terms (the "Subscription").
Plans. Funzing may offer a number of Subscription plans for each Subscription Category. The Subscription plans may differ in the number of entrances that the subscribing user may be entitled for in a single Activity in the Subscription Category (i.e. membership for one person will allow the purchase of one ticket for each Activity, couple membership will allow the purchase of two tickets for each Activity, etc.).. In addition, the Subscription plans may offer free orders of tickets in any amount or, alternatively, free orders of tickets up to a certain limitation price per ticket. The specified parameters of each Subscription plan shall be specified in the Subscription plan detailed in the Platform from time to time.
Order Limit. Without regard to the type of the Subscription plan, the subscribing user may order tickets under his/her Subscription such that at any time no more than two Activities are outstanding (i.e. Tickets were ordered and not yet used). The subscribing user may be entitled to order ticket(s) to additional Activity in the relevant Subscription Category once one of the Activities took place, or if the user cancelled the tickets for an Activity. Any purchase of tickets that is above the two outstanding Activities limit shall be ordered by the subscribing user according to the general purchasing policy (and not within the scope of the Subscription) and shall be charged separately and in addition to the Subscription fee.
Tickets Cancellation. Subscribing user must cancel any ticket to an Activity purchased under the Subscription at least 48 hours prior to the happening of the relevant Activity. If a shorter notice was provided the user shall be deemed to order and not attend the relevant Activity.
Subscription Pricing. Subscription plan pricing is subject to change. New pricing takes effect only upon the renewal of the Subscription. If the subscribing user wants to change his/her Subscription plan, the subscribing user should cancel his/her current Subscription plan and purchase the other Subscription Plan (the cancellation terms detailed below shall apply on the cancelled Subscription plan and the new purchased Subscription plan shall be charged separately according to the terms herein).
Tickets Pricing. To the extent the Subscription plan offers free order of tickets up to a certain limitation price per ticket (the "Free Ticket Price Limitation"), the subscribing user shall be entitled to order tickets at no additional charge to the extent their price does not exceed the Free Ticket Price Limitation. If the subscribing user wants to purchase tickets with a price that exceeds the Free Ticket Price Limitation, the user shall pay, per each ticket, an amount equals to the full price of such tickets less the Free Ticket Price Limitation (the "Additional Tickets Fees"). The Additional Tickets Fees shall be charged immediately following the order of such tickets from the payment method provided by the subscribing user as further detailed herein.
Term and Cancellation. The subscribing user's Subscription will continue month-to-month until terminated. The subscribing user may cancel the Subscription at any time, provided that such cancellation will be effective at the end of the relevant 30-day Subscription period in which the cancellation instruction was provided. No refund will be given for the Subscription period in which the cancellation was requested. Notwithstanding the above, if the Subscription plan fee was increased upon certain renewal of the Subscription and the user cancelled the subscription immediately after the billing of such increased fee without ordering any tickets following such renewal date, then Funzing shall refund only the last increased charged Subscription plan fee through the payment method used for such payment.
Non-Transferable Subscription. The Subscription granted to subscribing user is a limited, non-exclusive, non-transferable subscription and shall be valid to the subscribing user only. If requested by Funzing, the subscribing user shall identify himself/herself upon any use of tickets ordered through the Subscription by an identifying document acceptable to Funzing. If the details of the identified user do not match the details of the subscribing user who ordered the tickets through the Subscription plan and/or if such user refuses to identify himself/herself upon Funzing's request, Funzing will be entitled to deny his/her entry, and the entry of any other attendants holding tickets purchased through such Subscription, to the Activity.
Billing. To purchase a Subscription, the subscribing user must provide a payment method. The Subscription fee for each of the plans will be charged upon the purchase of Subscription plan, and upon any renewal, which will be made automatically, at the end of every 30-days period thereafter (unless such Subscription plan was cancelled prior to such date). Subscription payments are non-refundable and Funzing does not provide refunds or credits for any partial-month Subscription periods. In addition, if a the billing via the payment method provided by the subscribing user fails, Funzing shall be entitled, upon its sole discretion: (i) to ask the subscribing user to provide an alternative payment method, which shall be charged immediately in the amount that was not charged via the previous payment method; or (ii) to terminate such subscribing user's Subscription immediately. In addition, Funzing may prohibit such user to renew his Subscription or to subscribe to any other Subscription plan.
Tickets Cancellation by Funzing. Funzing shall be entitled to cancel any tickets for any Activity that was ordered by a subscribing user through a Subscription plan before the occurrence of such Activity. To the extent the subscribing user was charged with Additional Tickets Fees for the cancelled tickets prior to their cancellation, Funzing shall refund such Additional Tickets Fees through the payment method used for such payment.
Subscription Cancellation by Funzing. Funzing reserve the right to cancel the Subscription plan, to any user or in general, at any time in its sole discretion. Such cancellation shall be effective, with respect to each user, at the end of the relevant 30-day Subscription period in which the cancellation was made.
No Multiple Benefits. Notwithstanding anything to the contrary, the subscribing user shall not be entitled to use additional Credits, Coupons and/or any other benefits whatsoever for the purchase of any Subscription plan or in respect with any Activity which has been ordered by the subscribing user pursuant to the Subscription.
Payment Terms, Fees, Cancellation of Purchases
If you purchase our Platform’s services and Activities we may ask you to pay by using the methods of payments as available, published and updated from time to time on the Platform, such as by a credit card or by using an online payment service (e.g., PayPal).
You represent that the details you provide are your own details and that they are accurate, correct and complete. Funzing and Activity Providers may cancel any offer for a Ticket which does not contain all of the details required or which contains any false details. Payment will be regarded as paid only after your credit card issuer, or your online payment service, as applicable, has confirmed the transaction. A confirmation regarding the purchase of a Ticket and the terms of such purchase will be sent to the user via e-mail.
Funzing systems and its records will be the exclusive tracking system for all actions made through the Platform and will be deemed as accurate and final.
Tickets price 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. The price of a Ticket may be changed by Activity Provider at its own discretion and different users may purchase Tickets for the same Activity at different prices. Ticket’s price may also change subject to the use of Coupons, Loyalty Card or Credits.
All Tickets prices displayed on the Platform are the final Tickets prices including VAT, if applicable, and any other applicable taxes but excluding the Transaction Fee. Activity Providers hereby warrant that they will not charge extra fees for the Activity beyond the Ticket price.
If a certain Activity does not meet with the quality, quantity or compatibility of the Activity description, or to the highest standard of performance of such Activity, all as will be determined by Funzing in its sole discretion, then Funzing may determine, in its sole discretion, that the Activity Provider is not entitled to any payment in connection with all or some of the Activity Ticket(s) sold. If the Net Amount (as described below) of such Activity Tickets was paid to the Activity Provider, then such payment will either (at Funzing's discretion) reduced from the following Net Amount to be paid to the relevant Activity Provider, or, alternatively, the Activity Provider will refund Funzing such amount within 14 days of Funzing's notice to the Activity Provider in the matter.
Cancelation of Purchase
Funzing may change or cancel Platform's activity or cancel a purchase or an offer of Tickets in whole or part at its sole discretion. Activity Provider may cancel its Platform’s offered Activity through the Platform. A user may cancel the purchase of a Ticket up until 48 hours before the date and of such Activity by clicking the "Cancel Order" link on the Platform.
Following a cancelation made according to these Terms, user of a cancelled Ticket will receive the amount paid (after reduction of the cancelation fee, as described below) by the user within 14 days of Funzing receiving a cancellation notice. For terms regarding refund of the Transaction Fee, please see the Section titled “Transaction Fee”. Alternatively, Platform’s user may choose to use the amount paid for the cancelled Activity on its user account for later use.
Activity Providers Fee
The Platform will charge the Activity Provider a fee of 15% of the proceeds, plus VAT if applicable, from any purchased Activity Ticket or as otherwise agreed between Funzing and the Activity provider ("Funzing's Fee"). For each Activity, Funzing will calculate the amount of the proceeds net of any cancelation refunds, Funzing's Fee, the Transaction Fee , credit clearing expenses and any other clearing expenses that may apply (the "Net Amount"). Funzing's calculation of the Net Amount will be final and Activity Provider will have no claims in regards of the Net Amount's value. Funzing may change the Funzing’s Fee at its sole discretion, as long as such change will not be applied retroactively to purchased Tickets.
Activity Provider will provide us all required forms and details regarding Activity Provider status, including tax, ID number, address and other reasonable requirements by our accountancy officers and regulatory requirements, as applicable. It is clear to the Activity Provider that Funzing will not be able to pay the Net Amount unless the regulatory requirements in regards to “know your customer” or other requirements which might change from time to time.
Funzing will forward the Net Amount to the Activity Provider within 14 days of the end of the month in which the Activity was held. Net Amount will be paid by any means Funzing chooses.
Funzing may offer Activity Provider advertising services or any other services for an additional fee.
If Net Amount of a certain Activity Provider does not suffice to offset the refund amounts owed due to canceled Tickets or any of the Platform fees, the Activity Provider will pay Funzing the difference between the refund amount and the Net Amount within 14 days of Funzing's notice to Activity Provider in the matter.
The Activity Provider is solely responsible for the payment of any tax related to payment received from Funzing and will indemnify Funzing for any payment or charge made by Funzing regarding such taxes. Funzing is entitled to withhold any taxes pursuant to applicable law.
Funzing Referral Affiliates Program
A "Designated Link" is a unique link provided by Funzing which links to a landing page on the platform.
Registered users may register for Platform’s Referral Affiliate Program. Referral Affiliates may mark certain Platform’s Activities, following which they will receive a Designated Link for such activities which they can upload onto other sites. Referral Affiliates will be entitled to a fee (as notified by Funzing in writing) in accordance with the amount of the Entitling Order (as defined below), not including the Transaction Fee (as further detailed in the Section titled "Transaction Fee".).
An "Entitling Order" is the first order on the Platform made by the user who was referred to the Platform 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) such order was not paid for entirely with non-cash means (such as Coupons or Credits).
If the 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 will no longer be due, and to the extent already paid by Funzing (a) Referral Affiliate will 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 will be calculated by Funzing and will be final and binding upon Referral Affiliates. The Referral Affiliate Fees will be paid on the 15th of the calendar month following the calendar month in which the such Activity was held. Referral Affiliate Fees will be paid by any means Funzing chooses.
The Referral Affiliate is solely responsible for the payment of any tax related to payment received from Funzing and will indemnify Funzing for any payment made by, or charge imposed on Funzing regarding such taxes. Funzing is entitled to withhold any taxes pursuant to applicable law.
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 will be at its own expense.
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.
Designated Links to Activity Providers
Funzing may also offer Activity Providers, in its sole discretion, to use a Designated Link. Activity Provider can upload such Designated Link to its own website and offer its clients to pay for its Activities with the use of such Designated Link. An Activity Provider will not be charged the Funzing Fee in respect of any purchase of its own Activity made by a user through the landing page to which such user was directed by a Designated Link (and not through any other page on the Platform), provided that the Designated Link was uploaded by the Activity Provider of the Activity being purchased.
Transaction Fee
A transaction fee of (i) 5% of the total order amount for Activities in any category, except “Lectures”; and (ii) 10% of the total order amount for Activities in the “Lectures” category; but in any case, no less than GBP 1.00, will be added in the checkout page to the Activity purchase price appearing on the Platform (the “Transaction Fee”), including for orders paid by Credits, Coupons and/or gift cards. Transaction Fee may be paid by acceptable payment methods in accordance with the Payment Terms herein or by using gift card balance. Coupons and Credits cannot be used to pay the Transaction Fee. Transaction Fee will not be charged when purchasing a gift card.
Subscription and Transaction Fee. Orders of a Subscription plan and Ticket orders fully covered by a Subscription will not incur a Transaction Fee. In case of an order which includes both Tickets covered by a Subscription, but also Tickets to Activities which are not covered by such Subscription, Transaction Fee will apply only with respect to the amount paid for the Tickets which are not part of the Subscription.
For avoidance of doubt, Activity Providers and Referral Affiliates will not be entitled to any share of the Transaction Fee. Additionally, the Transaction Fee will not entitle Loyalty Card holders to any Credits, and will not be considered a part of the total Purchase for purpose of calculating such Credits.
Refund of Transaction Fee. Transaction Fee will only be refunded to you in case of cancellation by Funzing or by Activity Provider. Cancellation of the order by you for any reason will not entitle you to a refund of the Transaction Fee.
Charging of Transaction Fee shall not add and/or derogate from any of Funzing’s responsibilities, obligations and/or disclaimer of warranties hereunder.
These Terms of Use were last updated on 14/11/2018.
