In these Terms and Conditions "Funtastic" or "we" or "us" means Funtastic Limited (ACN 063 886 199) of Level 2, Tower 2 Chadstone Place, 1341 Dandenong Road, Chadstone, Victoria, Australia, and its subsidiaries, and "you" means you, the customer.
These Terms and Conditions govern your use of this website. By accessing and using this website you agree to be bound by and abide by these Terms and Conditions.
Unless otherwise indicated, we own the copyright and all other intellectual property rights in the text, graphics, videos, information, designs, data and other content (Content) on this website. Funtastic grants you a limited licence to access, browse and print the Content for non-commercial personal use but you must not modify it, or any portion of it, without our written consent. This licence does not grant you the right to use, copy or reproduce any part of this website or the Content for any commercial purpose or to systematically download or scrape the Content. This means that no part of this website or the Content may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of Funtastic. Your licence will be terminated if you commit any unauthorised use of this website or the Content. You may not reproduce any Content on YouTube or any other website (including social media websites) without the prior written consent of Funtastic.
By using the Website or placing an Order with Funtastic, you agree that we may store, process and use data collected for the purposes for which it was provided. You have the option of agreeing whether you authorise us to use such data (excluding your credit card details) in order to provide you with information from time to time on other Funtastic products you may be interested in purchasing.
This website may contain links to third party sites over which we have no control. These Terms and Conditions do not apply to third party sites and you should review the terms and conditions of the applicable website before using that website.
We make no representations or warranties as to, and we are not responsible for, the accuracy or any other aspect of the information on any linked third party website. The inclusion of a link does not imply our endorsement, recommendation or support of the applicable website or any information, opinions, goods or services referred to on it.
Links are provided for your convenience only. You acknowledge and agree that any access to and use of linked third party websites is at your own risk and that we are not responsible for any losses suffered by you or anyone else in connection with any link.
Your use of, and reliance on, this website (including all Content) is entirely at your own risk.
All information set out on our website (Information) is provided for general information purposes only and we make no warranty about the accuracy, completeness, reliability or timeliness of the Information.
Except in relation to Non-excludable Obligations under the Australian Consumer Law, we have no liability whatsoever to you (including because of our negligence) for any type of direct or indirect loss incurred by you or anyone else under or in connection with this website (including any Content), however incurred, including (without limitation) any loss of profits, loss of revenue, loss of goodwill, loss of customers, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, loss of data, loss of use of data or any direct, indirect, economic, special or consequential loss, harm, damage, cost or expense (including legal fees).
You may not assign any rights or obligations under these Terms and Conditions whether in whole or in part without the prior written consent of Funtastic. Any unauthorised assignment will be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure will in no way affect the right to later enforce such Term or Condition. A waiver of any provision or right under these Terms and Conditions must be in writing and signed by the party entitled to the benefit of that provision or right.
Funtastic reserves the right to change these Terms and Conditions of sale at any time without notice to you. You agree to be bound by the changed Terms and Conditions if you use this website after the Terms and Conditions have changed.
Capitalised terms in these Terms and Conditions have the following definitions:
“Business Day” means: (i) in relation to the day on which a Product may be delivered, Monday to Friday (excluding public holidays) in the state in which the delivery address is located; and (ii) in all other cases, Monday to Friday (excluding public holidays) in Melbourne, Australia.
“Order” means an order you place to purchase a Product from Funtastic.
“Products” mean the products we promote and/or sell from time to time via this website.
These Terms and Conditions are governed by the laws of Victoria, Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of Victoria, Australia.
We are here to help so if you have any questions, please contact our Customer Service Team on Freecall +61 1800 244 543 or email email@example.com.