1. About the Website
(a) Welcome to www.phunkmonkeyold.theardventures.com. This Website sells and ships Cookies, Brownies, and Blondies to Australian residential addresses ONLY. We do NOT ship internationally.
(b) This Website is operated by PHUNKED MONKEY. Access to and use of this Website, or any of its associated Products or Services, is provided by PHUNKED MONKEY. Please read these terms and conditions carefully.
By using, browsing, and/or reading this Website, signifies that you have read, understood, and agree to be bound by the Terms and Conditions set out within. If you do not agree with the Terms and Conditions as stipulated within this document, you must cease usage of the Website, or any of our related Services, immediately.
(c) PHUNKED MONKEY reserves the right to review and change any of the Terms and Conditions as stated by updating this page at its sole discretion. When PHUNKED MONKEY updates the Terms and Conditions, as stated, it will use reasonable endeavours to provide you with notice of updates to the Terms.
Any changes to the Terms and Conditions as stated will take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms and Conditions for your records.
2. Acceptance of the Terms and Conditions as set out in the document
(a) You accept the Terms and Conditions by remaining on the Website. You may also accept the Terms and Conditions by clicking to accept or agree to the Terms and Conditions where this option is made available to you by PHUNKED MONKEY in the user interface.
3. Registration to use the Services
a) In order to access the Services provided through this Website, you must first register through the Website.
(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including (i) Email address (ii) Preferred username (iii) Mailing address (iv) Password (c) You warrant that any information you give to PHUNKED MONKEY in the course of completing the registration process will always be accurate, correct and up to date.
4. Your obligations as a Registered Member
(a) As a Member, you agree to comply with the following: (i) you will use the Services only for purposes that are permitted by: (A) the Terms and Conditions; and (B) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (Queensland, Australia); (ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address.
Use of your password by any other person may result in the immediate cancellation of the Services; (iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify PHUNKED MONKEY of any unauthorised use of your password or email address or any breach of security of which you have become aware; (iv) access and use of the Website is limited, non-transferable and allows for the sole use of this Website by you for the purposes of PHUNKED MONKEY providing the Services; (v) you will not use the Services or this Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of PHUNKED MONKEY; (vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website; (vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from this Website without notice and may result in termination of the Services. Appropriate legal action will be taken by PHUNKED MONKEY for any illegal or unauthorised use of the Website, and (viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Payment
(a) Where the option is given to you, you may make payment for the Services by way of (i) Our payment Gateway which enables selected Credit Card Payment (ii) PayPal
(b) All payments made in the course of your use of the Services are made using PayPal. In using the Website, the Services, or when making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the PayPal Terms and Conditions which are available on their website.
(c) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
(d) You agree and acknowledge that PHUNKED MONKEY can vary the Services Fee at any time.
6. Copyright and Intellectual Property
(a) This Website, the Services, and all of the related products of PHUNKED MONKEY are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, and interactive features) or the Services are owned or controlled for these purposes and are reserved by PHUNKED MONKEYor its contributors.
(b) All trademarks, service marks, and trade names are owned, registered, and/or licensed by PHUNKED MONKEY, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member of PHUNKED MONKEY does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by PHUNKED MONKEY. (i) use the Website pursuant to the Terms and Conditions; (ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and (iii) print pages from the Website for your own personal and non-commercial use. (c) PHUNKED MONKEY retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: to you. (i) business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or (ii) a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or (iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), (d) You may not, without the prior written permission of PHUNKED MONKEY and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party services for any purpose, unless otherwise provided by these Terms and Conditions. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
7. Privacy
(a) PHUNKED MONKEY takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to PHUNKED MONKEY’s Privacy Policy, which is available on the Website.
(a) Nothing in the Terms and Conditions limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law: (i) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and (ii) PHUNKED MONKEY will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet any applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise. (c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of PHUNKED MONKEY make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of PHUNKED MONKEY) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following: (i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records; (ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website); (iii) costs incurred as a result of you using the Website, the Services or any of the products of PHUNKED MONKEY; and (iv) the Services or operation in respect to links which are provided for your convenience.
8. Limitation of liability
(a) PHUNKED MONKEY’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under the statute, or otherwise, will not exceed the resupply of the Services to you. (b) You expressly understand and agree that PHUNKED MONKEY, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.
9. Termination of Contract
(a) The Terms and Conditions of this contract will continue to apply unless terminated by PHUNKED MONKEY at any time and without written notice. (i) PHUNKED MONKEY is required to do so by law; (iii) the provision of the Services to you by PHUNKED MONKEY is, in the opinion of PHUNKED MONKEY, no longer commercially viable. (d) Subject to local applicable laws, PHUNKED MONKEY reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms, Conditions or any applicable law or if your conduct impacts PHUNKED MONKEY’s name or reputation or violates the rights of those of another party.
10. Indemnity
(a) You agree to indemnify PHUNKED MONKEY, its affiliates, employees, agents, contributors, third party content providers, and licensors from and against (i) all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content; (ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or (iii) any breach of the Terms and Conditions.
11. Dispute Resolution
(a) Compulsory: If a dispute arises out of or relates to the Terms or Conditions, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought). (b) Notice: A party to the Terms and Conditions claiming a dispute (‘Dispute’) has arisen under the Terms and Conditions, must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.
(b) Resolution: On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must: (i) Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
12. Governing Law
(a) The Terms and Conditions within are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms and Conditions shall be binding to the benefit of the parties hereto and their successors and assigns.
13. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms and Conditions are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms and Conditions are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
14. Severance
(a) If any part of these Terms and Conditions is found to be void or unenforceable by a court of competent jurisdiction, that part shall be severed and the rest of the Terms and Conditions shall remain in force.
