Terms and Conditions

Last Updated: August  25, 2020

 

Welcome, and thank you for using MY FUNDAY!

 

FUNDAY MEDIA LIMITED company is located at:

Inniscarra, Main street, Rathcoole, Co Dublin, Ireland.

 

Please read these Terms and Conditions ("Terms") carefully. They contain important information about your rights and obligations. By accessing or using the website https://myfunday.ie, you agree to comply with and be bound by these Terms.

 

These Terms constitute a legally binding agreement ("Agreement") between Users and the FUNDAY MEDIA LIMITED company, whereas Users may refer to Organizations, Clients, and Website Visitors. They govern your access to and use of the FUNDAY MEDIA LIMITED company's website and, including any subdomains, and any other websites through which the FUNDAY MEDIA LIMITED company makes its services available (collectively, "Site"). The Site, Application, and the FUNDAY MEDIA LIMITED Services are hereinafter collectively referred to as the "FUNDAY."

 

When these Terms mention "FUNDAY," "we," "us," or "our," it refers to the FUNDAY MEDIA LIMITED company you are contracting with. 

 

Definitions

 

Organization-means any private business wishing to use Funday's services, such as subscribing to Funday's services and creating an account on myfunday.ie.

 

Client-means any natural or legal person using Funday to search for birthday solutions and communicate with Organizations.

 

Website visitor-means any user of this website, including Organizations and Clients.

 

Services-mean all the Services Funday may provide to Clients, Website visitors, and Organizations, including service subscription for Organizations.

 

Member- means an Organization who completes and maintains an Account registration. Members may be referred to in these Terms as ("User"/"You"/Your").

 

Account- means a Member's registered account and profile.

 

Content-means text, graphics, images, software, audio, video, information, or other material or content uploaded to, displayed on, or exchanged through or otherwise made available on or via  Funday or the Services. 

 

 

What we do

 

Funday is an online platform that connects people and organizations who offer different solutions for children's birthday parties such as birthday organizations, venues, cakes, birthday presents. The list and description of the services offered by the Company may be consulted on https://myfunday.ie.  

 

Organizations

 

As an organization, you may create a Member’s account and choose to be advertised on our website free of charge or through a monthly subscription offering a special promotional package further explained on our website. If you are an organization that wishes to use our monthly subscription, please consult our General Conditions of Sale. (LINK). You understand and agree that we do not validate, certify, or endorse any particular Organization.

 

Funday is not liable for damages arising from the relationship between clients and organizations. Any Dealings between Clients and You entered via Funday's website are governed solely by the terms and conditions of the individual Agreement entered into between You and Clients.

 

We may terminate, deactivate or suspend a Member's Account and access to Funday and/or the Service in the event of a material breach of these Terms by such Member and either that material breach is incapable of remedy or, if capable of remedy, that Member has failed to remedy such breach within thirty (30) days of notice from Us to do so. 

 

Each Member may terminate its Account for any reason at any time following a 30 day written notice period to us, subject to the Member performing and discharging all of its current obligations under any Agreement then in force. We shall terminate the Account at such time as all Agreements in force at the time of the notice to terminate have been performed, or have expired or otherwise terminated. 

 

Upon termination of a Member's Account under this clause, We will promptly pay such Member any amounts, which We are legally obligated to pay as at the date of termination. 

 

Clients

 

As a client, you understand that Funday’s website serves as a search engine for birthday solutions and has no control over and assumes no liability on the part of any Organization. We are not a party to any Agreement or any other engagement or contract between You and Organizations.  Dealings between  You and Organizations entered via Funday’s website are governed solely by the terms and conditions of the individual Agreement entered into between You and Organization. We always recommend that both the Organization and Client understand and adhere fully to the terms and conditions of the Agreement made between both parties.

 

 

Privacy and Cookies

 

Funday respects your privacy. Please take a look at our Privacy https://myfunday.ie/content/privacy-policy  and Cookies Policy for further information. https://myfunday.ie/content/privacy-policy

 

Content Liability

 

The content of Funday’s website may contain inaccuracies or typographical errors. Funday makes no representations about the accuracy, reliability, completeness, or timeliness of the website's content. In particular, Funday makes no warranties or representations about the accuracy, reliability, or quality of descriptions made available on the website. Usage of the content of the web site is entirely at your own risk. Changes are periodically made to the web site at any time without notice.

 

Funday does not warrant that the web site will function without error or that the web site and its server are free from computer viruses and other harmful elements. If your use of the web site or the Materials results in the need to repair or replace the Equipment or Data, Funday assumes no responsibility for such costs.

 

 

Third Party Providers

 

Each User acknowledges that Funday may enable or assist it to access the website content of, correspond with, and utilise products and services from, third parties via third-party websites and that it does so solely at its own risk. Funday makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of,  or correspondence with, any such third-party website, or any transactions completed, and any contract  entered into by a User, with any such third party. Any contract entered into and any transaction completed via any third-party website is between the User and the relevant third party, and not Funday. Funday recommends that Users refer to the third party's website terms and conditions and privacy policy prior to using the relevant third-party website. Funday does not endorse or approve any third-party website nor the content of any of the third-party websites made available on https://myfunday.ie. 

 

Intellectual Property Rights

 

Unless otherwise stated, Funday and/or its licensors own the intellectual property rights for all material on Funday. All intellectual property rights are reserved. You may view and/or print pages from https://myfunday.ie for your own personal use subject to restrictions set in these terms and conditions.

 

You must not:

  1. Republish material from https://myfunday.ie

  2. Sell, rent or sub-license material from https://myfunday.ie

  3. Reproduce, duplicate or copy material from https://myfunday.ie

  4. Redistribute content from Funday’s website (unless content is specifically made for redistribution).

 

 

 

User reviews and comments

We welcome your reviews and comments. However, you acknowledge that if you send us any reviews, suggestions, comments, or other information, you allow Funday to use it, alter it, publish or delete it for any purpose whatsoever without compensation to you or the provider of the information. Notwithstanding, Funday is not liable for any of the online reviews and comments.  

 

Your communication is at your own risk, and while you are entitled to freedom of online speech according to the laws in force, however, you shouldn’t do any of 

the following things:  

 

  • transmit to us copyrighted material, unless You are the copyright owner or entitled to transmit it with the permission of the copyright owner;

  • send material that reveals trade secrets, unless You own them or have the consent of the owner;

  • send material that infringes on any other intellectual property rights of others or the privacy or publicity rights of others;

  • send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;

  • intentionally or unintentionally violate or encourage conduct that would violate any law;

  • attempt to breach the security of the Site;

  • send chain letters or pyramid schemes; or

  • impersonate another person.

 

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:

  2. Government agencies;

  3. Search engines;

  4. News organizations;

  5. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and

  6. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.

  7. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

  8. We may consider and approve in our sole discretion other link requests from the following types of organizations:

  9. Chambers of Commerce and Consumer Protection Organizations;

  10. dot.com community sites;

  11. associations or other groups representing charities, including charity giving sites;

  12. online directory distributors;

  13. internet portals;

  14. accounting, law and consulting firms whose primary clients are businesses; and

  15. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavourably on us or our accredited businesses; (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of.

 

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

 

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an email to hello@myfunday.eu. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or

  2. By use of the uniform resource locator (Web address) being linked to; or

  3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Funday’s logo or other artwork will be allowed for linking absent a trademark license agreement.

 

Iframes      

 

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

 

 

Reservation of Rights

 

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

 

Removal of links from our website

 

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

 

Content Liability

 

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

 

 

Disclaimer

 

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;

  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or

  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided by service providers, Funday is not liable for information accuracy on the website.

 

Changes to our terms, the website and the services

 

We may revise these Terms at any time by amending this page. If We make changes to these Terms, We will post the revised Terms on the website and update the “Last Updated” date at the top of these Terms. Please take notice of any changes We make, since they are binding on you. Some of the provisions contained in the Terms may also be supplemented or superseded by specific notices published elsewhere on Funday or otherwise communicated to you. If You do not agree with the revised Terms, You must not use or attempt to use Funday or Services. If You Continued access to or use of the website after the effective date of any changes to these Terms, this will constitute acceptance of the revised Terms. We may update Funday and/or Our Services from time to time, and may change the Funday Content at any time. However, please note that any of the content on Funday may be out of date at any given time, and We are under no obligation to update it.  From time to time Funday may: modify the website and/or the Services (or any part of them) by issuing updates; and make new features, functionality, applications or tools available in respect of the Services and the website.

 

 

Applicable Law and Jurisdiction

 

These terms and conditions and the provision of our services shall be governed by and construed in accordance with Irish law. Any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in Dublin, Ireland.