Program Terms and Conditions

Funkita and Funky Trunks (“we”, “Funkita”, “Funky Trunks”, “Way Funky Company” or “Company”) may, from time to time, offer users of our service (“Service”) the opportunity to refer friends to try the Service (“Funkita/Funky Trunks Refer a Friend” or “Program”). We reserve the right to terminate the Program at any time for any reason.

Users (defined below) are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Users agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorised to register as a Referrer (defined below) or participate in the Program in any manner. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulations.

We reserve the right to modify or amend at any time these Terms and Conditions and the methods through which Rewards are earned. We reserve the right to disqualify any User (defined below) at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions.

1. Privacy. Individuals may participate in the Program to recommend services or content made available by the Company to their friends, family or colleagues ("Users"). To do this, Users must submit personal information about themselves and their friends, family members or colleagues, such as name and e-mail address, so that the Company can send these recommendations on their behalf. The personal information will be collected, processed and used in accordance with the Company’s Privacy Statement, which can be found at: https://www.funkita.com/content/6-privacy-policy and https://www.funkytrunks.com/content/6-privacy-policy. In addition, personal information may be used by the Company to contact Users with regards to their participation in the Program and to receive communications from the Company. Where a User provides personal information about its friends, family members or colleagues to receive communications via the Program, the provided personal information will be used by the Company for sending these communications on behalf of the User and the User understands that the Company may send out additional follow-up communications on behalf of the User to encourage or remind the friends, family members or colleagues to complete the purchase or registration process.

2. How the Program Works.

Program Participation, Generally

To participate, visit https://www.funkita.com/ or https://www.funkytrunks.com/ and follow the on-screen instructions to refer friends, family members or colleagues to the Service.

Users who refer are called “Referrers.” Individuals who receive a referral are called “Referred Customers.” A Referrer who is fully compliant with these Terms and Conditions may receive “Reward(s)” for every “Qualified Referral.”

Making a Referral

Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with Funkita/Funky Trunks or participate in the Program using multiple or fake email addresses or identities.

Qualified Referrals

A Qualified Referral means that all the following conditions are met:

1) The Referred Customer completes the purchase using the voucher code supplied in the referral email.

2) The Referred Customer has not purchased from www.funkita.com/www.funkytrunks.com under any email address or alias and;

3) Only one Qualified Referral can be earned for each Referred Customer. Any additional or subsequent purchases made by a Referred Customer will not be Qualified Referrals.

Earning Rewards

Referrer shall receive one (1) Reward valued at the advertised amount for each verified Qualified Referral generated by Referrer. A Referrer may not earn more than twenty (20) Qualified Referrals per calendar year or more than three hundred dollars (AUD$300) in Rewards per calendar year.

Rewards will be paid out to the Referrer within thirty (30) days after the Referred Customer has completed his or her purchase. The Referred Customer must be a new Funkita/Funky Trunks customer in order for the Referrer to earn a reward.

Restrictions may apply. The gift code reward is subject to the Company’s general terms and conditions

Verified Qualified Referrals

Rewards are subject to verification. The Company may delay a Reward for the purposes of investigation. They may also refuse to verify and process any transaction the Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on the Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.

All of the Company's decisions are final and binding, including decisions as to whether a Qualified Referral, Credit or Reward is verified.

Transfer and Value of Credit and Rewards

Credit and Rewards have no monetary value and may not be redeemed for cash. Credit and Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Program or any portion thereof for any reason, or upon cancellation of a Referrer’s Funkita/Funky Trunks account for any reason, any unredeemed Credit and Rewards accumulated by the Referrer are forfeited.

3. Content Ownership and Use.

The online platform and the Program contain contents that include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between the User and the Company, all Content is the property of the Company or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of the Company and is protected by copyright, trademark, and other laws.

License to You

The Company authorizes you, subject to these Terms, to access and use the online platform, Program, and the Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorised use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.

Trademarks

The registered or unregistered logos, product and service names are or may be trademarks of the Company (the “Marks”). Without the Company's prior written permission, and except as solely enabled by any link as provided by the Company, you agree not to display or use in any manner the Marks.

4. Liability

By participating in the Program, Users agree to:

1. be bound by these Terms and Conditions, the decisions of the Company and their designees (including the Service Provider), and the Privacy Policy of the Company;

2. defend, indemnify, release and hold harmless the Company, its Service Provider and its or their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and

3. be contacted by the Company via e-mail.

Company shall not be liable for:

1. late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;

2. telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;

3. data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;

4. any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program, that were not reasonably foreseeable to the Company at the relevant time;

5. any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or

6. claims, demands, and damages in disputes among Users of the Program.

The Company disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company's control, corrupt the administration, security or proper play of the Program.

The Company shall not be liable to any Users for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.

The Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.

Users should use the Program at their own risk.

6. Conduct. If a solution cannot be found to restore the integrity of the Program after the occurrence of prohibited conduct, we reserve the right to cancel, change, or suspend the Program.

Prohibited Conduct, Generally

Users agree not to use the Program to:

· Violate applicable law;

· Infringe the intellectual property rights of the Company, its Service Provider or any third parties;

· Stalk, harass, or harm another individual;

· Collect or store personal data about other Users;

· Impersonate any person or otherwise misrepresent User's identity;

· Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;

· Interfere with another User's use of the Program;

· Attempt to gain unauthorised access to the Program, other accounts, computer systems, or networks connected to the Program;

· Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;

· Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;

· Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others

Bulk Distribution (“Spam”)

If a Referrer provides a Personal Link to a Referred Customer by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting the email addresses, the Referrer represents that he/she has their prior consent.

Bulk email distribution, distribution to strangers, or any other promotion of a Personal Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in the Company's sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer from the Program. We have a no tolerance spam policy.

The Company has no obligation to monitor the content provided by Users; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.

Each Referrer is the actual sender of the emails and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a results of such spam.

Fraudulent and Suspicious Behaviour

The Company may prohibit a User from participating in the Program or receiving a Credit or Reward, in their sole discretion, if they determine such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of the Company.

Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.

Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Reward.

The Company reserves the right to disqualify any User and/or cancel any Reward(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.

CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

7. Suggestions and Submissions. The Company appreciates hearing from Users and welcomes your comments regarding the Program. Please be advised, however, that the Company does not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While the Company values your feedback on the Program, please be specific in your comments and do not submit creative ideas. If, despite this request, you send the Company creative ideas, they:

1. Shall own, exclusively, all now known or later discovered rights to the creative ideas;

2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and

3. Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.

8. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial. Any and all disputes, claims and causes of action arising out of or related to the Program or any prize awarded shall be resolved under Victorian law (without reference to its conflicts of laws principles), and participants in the Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Victoria, Australia.

9. General Terms These Terms constitute the entire agreement between Users and the Company concerning Users’ use of the Program. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms shall have no right to enforce or receive the benefit of any of these Terms.