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PLEASE READ THESE TERMS OF USE CAREFULLY. BY SIGNING UP TO AND/OR USING THIS PLATFORM AND OUR SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS AND PRIVACY POLICY.
The website at www.funnki.com (“Website”) is owned and operated by The Funnki Store (“The Funnki Store”, “we”, “us”, “our” and their respective connotations). The Website and the App are collectively referred to as “Platform”.
These terms of service (“Terms” / “Terms of Use”) describe the terms on which The Funnki Store grants users of the Platform (“users”, “you”, “your” and their respective connotations) access to the Platform, and should be read with the privacy policy available here https://funnki.com/pages/privacy-policy (“Privacy Policy”).
The Funnki Store enables the world's artists to earn money from their artwork by making it immediately and easily available for sale as a variety of products - without giving up control of their rights. We understand the importance of representing one's work with quality and respect, and we also believe it is essential that all The Funnki Store users respect copyright. Whether you’re an artist, a customer, or just casually browsing the Website, please respect the copyright of all the works you see or buy on The Funnki Store.
The Funnki Store offers the Platform and the Services conditioned upon the user’s acceptance of all terms, conditions, policies, and notices stated here. By procuring Services (defined below) from The Funnki Store, or by use of Platform, the user agrees to be bound by these Terms, as applicable, to the use of the Platform and the Services provided by The Funnki Store.
By using the Services on the www.funnki.com, you are agreeing to the Terms of Use including those available by hyperlink, with The Funnki Store, which may be updated by us from time to time. Please check this page regularly to take notice of any changes we may have made to the Terms of Use. Following the posting of any changes, the user’s continued use of or access to the Platform or Services from The Funnki Store, constitutes acceptance of such revised Terms of Use.
ABOUT OUR SERVICES
The Funnki Store provides a range of Services through the Platform, including but not limited to, enabling you to publish, sell, comment on, promote, and purchase merchandise art related products like clothing, and accessories of various fashion and lifestyle; interact with other members; and receive the benefits of The Funnki Store's product production service including payment processing, transaction handling, product manufacturing, packaging, order fulfilment, and customer service (“Services”).
HOW TO AVAIL AND USE THE SERVICES?
Services
We grant to you a personal, limited, revocable, non-exclusive and non-transferable license to access the Platform and use the Services only as expressly permitted in these Terms. You shall not access the Platform and/or use the Services for any illegal purpose or in any manner inconsistent with these Terms.
You may be required to install certain upgrades or updates to the Platform in use, in order to continue to access the Platform and/or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
Account
You must create an account and register yourself as a user in order to use the Services offered on the Platform. We will require your personal information, including but not limited to your name, date of birth, address, email ID, phone number, location, and card details. The use of all such personal information you provide to us (including during the registration process) is governed by our Privacy Policy.
Account Security
You shall be solely responsible for the confidentiality, safety and security of the user account opened by you. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account. In case the password is lost/stolen/misplaced/hacked/no longer in your control, you shall promptly inform us. We will upon receipt of such information block the relevant account.
By creating an account, you represent to us that all information provided to us by you is true, accurate and correct, and that you will update your information as and when necessary, in order to keep it accurate.
You agree that you shall not (a) impersonate someone else, create or use an account for anyone other than yourself, (b) provide an email address other than your own, (c) create multiple accounts, or (d) provide or use false or misleading information.
You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your account for any purpose and that you will be liable for such unauthorized access.
By creating an account, you agree to receive certain communications in connection with the Platform and/or Services.
CONTENT & COPYRIGHT POLICY
You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials (collectively, “Content”), whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated. The Funnki Store does not claim any permanent ownership of your Content. You retain copyright and any other rights you already hold in Content which you submit, post, upload, display, or sell on or through The Funnki Store. When you submit, post, upload, display, or sell Content, you grant The Funnki Store a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive (and sub-licensable) license to use and archive the Content in accordance with or as reasonably contemplated by this Agreement.
You understand that you will be exposed to Content from a variety of The Funnki Store users and that The Funnki Store is not responsible for the accuracy, usefulness, safety, or intellectual property rights of and/or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against The Funnki Store with respect thereto, and agree to defend, indemnify and hold harmless The Funnki Store, its parent corporation, its subsidiaries, its employees, its licensors, and their respective officers, directors, employees, and agents to the fullest extent allowed by law regarding all matters related to your use of The Funnki Store service.
While we try to offer reliable data, we cannot promise that the Content and postings on Website will always be accurate and up-to-date. You will be responsible for ensuring that your posts are accurate and do not include misleading information. You agree that you will not hold us responsible for inaccuracies in any postings on the Website.
You acknowledge, consent and agree that The Funnki Store may access, preserve, and disclose your account information and Content if required to do so by law or in good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal processes; (ii) enforce the Terms of Use; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of The Funnki Store, its users, and the public.
By using services of The Funnki Store, you agree to receiving promotional or information content relevant to The Funnki Store through the medium of SMS or Email or both. Once you place an order with us, you automatically get subscribed to our order related Whatsapp notifications.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to the Website, delay or remove hosted Content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our Terms herein.
The Funnki Store also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time, without providing any prior notice, and at its sole discretion.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
This Platform and the Services are provided on an “as is” basis. The Funnki Store, its licensors and affiliates make no representations or warranties of any kind (express, statutory or implied) as to the operation of the Platform, provision of Services, or the information, content, materials, included on the Platform, or in association with the Services or any third- party websites or services. The Funnki Store will not be held responsible for any unethical, illegal acts performed by the users and the action of each of the users shall be their own responsibility solely. Further, The Funnki Store will not be responsible for any harm, accident or injury arising out of the failure of the users to consult qualified health professionals and/or medical practitioners.
THE FUNNKI STORE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF SERVICE, AND FITNESS FOR A PARTICULAR PURPOSE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA, LOSS OF PROFITS OR ANY KIND OF MISUSE (STATUTORY OR OTHERWISE) BY ANY OF ITS USERS, OR ANY OTHER INDIRECT DAMAGE OR CONSEQUENCE ARISING FROM OR IN RELATION TO THE USE OF THE SERVICES.
The Platform may contain inaccuracies and typographical and clerical errors and may involve or make use of advanced language models including generative AI. The Funnki Store expressly disclaims any obligation(s) to update this Platform or any of the materials available on this Platform. The Company does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Platform. You accept and agree that the content on this Platform is for informational purposes only and should not be construed as technical advice of any manner.
Except as provided above, there are no other warranties, conditions, or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by applicable law.
You must take your own precautions to ensure that the process you employ for accessing The Funnki Store's Service does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the Website or any linked website.
We do not accept liability for any losses arising directly or indirectly from a failure to provide any service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of service, or any transmissions by others in contravention of the registered members' obligations as set out in these Terms of Use.
You acknowledge that we may not be able to confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person.
INTELLECTUAL PROPERTY RIGHTS
User acknowledges that it is obtaining the right to access the Platform and use the Services, and that irrespective of any use of the words “purchase”, “sale” or like terms, in no case will any ownership rights be conveyed or be deemed to be conveyed to the user under these terms. User agrees that The Funnki Store or its suppliers retain all rights, title, and interest (including all intellectual property rights) in and to the Platform, Services, all documentation, services deliverables, and any and all related and underlying technology and documentation and any derivative works, modifications or improvements of any of the foregoing (including but not limited to all texts, graphics, photos, illustrations, questionnaire content, logos), including Feedback (collectively, “Company Technology”). You shall not copy, download, publish, distribute or reproduce any of the information contained on this Platform or social media in any form without the prior written consent of The Funnki Store. Except as expressly set forth in these terms, no rights in any Company Technology are granted to the User.
CANCELLATION POLICY
Please refer to our Cancellation Policy provided on our Site.
REFUNDS AND RETURNS POLICY
Please refer to our Refunds and Returns Policy provided on our Site.
TERMINATION OF ACCOUNT
The Funnki Store may terminate your access to all or any part of its Services at any time, with or without cause, with or without notice, effective immediately. You may terminate your use of the Services at any time. However, you shall continue to be bound by all provisions of these Terms of Use, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Funnki Store will terminate your access to the site if you are determined to be, in The Funnki Store's sole discretion, a repeat infringer of the Content & Copyright Policy and/or these Terms of Use.
The Funnki Store may, but shall not be obligated to, give you one warning if you have violated these Terms of Use prior to termination of your account.
By accepting the terms and conditions, the user consents to pay The Funnki Store the complete amount for the order placed by them from The Funnki Store. However, The Funnki Store does not control the amount charged to the user by their bank related to their purchase from The Funnki Store, to which The Funnki Store disclaims any liability in this regard.
SEVERABILITY
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
ENTIRE AGREEMENT
These Terms read along with our Privacy Policy constitute the entire agreement between The Funnki Store and You in relation to Your use of this Platform and supersede all prior agreements and understandings between the parties.
GOVERNING LAW & JURISDICTION
The Platform and/or the Services are controlled, hosted, and operated from India.
This Agreement will be governed by the laws of India without regard to conflicts of law provisions thereof. All disputes relating to or arising out of this Agreement shall be resolved in the courts located in Kolkata, and the parties hereby consent to the jurisdiction of such courts.
CONTACT
If You have any questions about these Terms, please contact Us by email or postal mail at the following address:
Name: Soumen Patra
Email: care@funnki.com
Contact Number: +91-8918076924