These terms and conditions (this "Agreement") govern The Fun Shop Member Program. The Fun Shop Member Program is a loyalty program brought to you by The Fun Shop ("we," "us," "our," "ours"). Purchase or use of any membership in The Fun Shop Program ("Membership") at any time subjects the purchaser or user ("you," "your," "yours," "Member") to the provisions of this Agreement, as amended from time to time.
The Fun Shop Program entitles Members to different benefits:
a. On eligible purchases made at the store owned and operated by The Fun Shop
b. Periodic special promotions for Members at The Fun Shop.
2. CERTAIN CONDITIONS.
a) For the Member Discount, or other benefit to apply, the Membership account must be active and Card available at the time of purchase. Members will NOT be reimbursed retroactively for purchases made without an active and available Membership at the time of purchase.
b) The Member Discount is only valid on eligible purchases at The Fun Shop Store.
c) Where applicable, the Member Discount will be applied after all other eligible discounts and deductions are applied, or where otherwise stated.
d) The Member Discount cannot be used in conjunction with any corporate or prearranged group discounts, unless specifically stated. Such exclusion includes the following, without limitation: Educator discounts; employee discounts; corporate or institutional discounts.
e) To receive future Membership birthday offers, Members must provide the month and day of their birthday, as well as a valid email address. Member may receive notification for birthday offers by email, assuming the Membership is active as of the first day of the month of the Member’s birthday, when a birthday offer may be sent.
f) Memberships are for individual use only and are non-transferable. When used online at thefunshop.com.na, a Member number may only be associated with one The Fun Shop account.
g) We expect Members to submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address, email address, and telephone number. Members can change their account information by (i) updating Member profile data through an authenticated The Fun Shop account, (ii) requesting an update from a The Fun Shop Staff member in Store, or (iii) calling us at +264 64 463657. We cannot assume any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected.
3. MEMBERSHIP FEE.
The annual Membership fee is currently Free of Charge. We may change the Membership fee in the coming year. Any change will apply only to new and renewal Memberships. And only with permission from Members upon renewals.
4. TERM; AUTOMATIC RENEWAL; BILLING.
The Membership term is one year, beginning on the date of purchase, or the date of activation for a Gift Membership. A Renewal or Automatic Renewal within a current Membership term extends the existing expiration date of the Membership by one year; such renewal term begins the day after the current term ends. When an expired Membership is renewed, the new Membership term is one year, beginning on the date of renewal.
Each Membership will automatically renew (referred to as "Automatic Renewal Membership") each year for additional one-year periods that commence on the day after the previous term ends unless (i) you have elected to opt-out of Automatic Renewal Membership after your enrolment through your authenticated The Fun Shop account, or by calling by telephone, at +264 64 463657 and notifying us of your decision to opt out of Automatic Renewal Membership, or (iv) your Membership is cancelled or we terminate your Membership.
5. CANCELLATION; TERMINATION.
a) You have the right to cancel your Membership at any time.
b) We may terminate your Membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests.
c) We may terminate any or all of the benefits available under The Fun Shop Member Program at any time with or without notice.
7. DISCLAIMERS; LIMITATION OF LIABILITY.
USE OF THE FUN SHOP MEMBER PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
THE FUN SHOP. AND ALL OF ITS RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY "MEMBERSHIP PROVIDERS") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) THE FUN SHOP MEMBER PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE FUN SHOP MEMBER PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE FUN SHOP MEMBER PROGRAM WILL MEET YOUR EXPECTATIONS.
MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MEMBERSHIP PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE FUN SHOP MEMBER PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE THE FUN SHOP MEMBER PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR THE FUN SHOP MEMBER PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE FUN SHOP MEMBER PROGRAM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
8. GOVERNING LAW.
This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of Namibia, without regard to conflict of law principles.
This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of The Fun Shop Member Program with respect to The Fun Shop Member Program and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms. Any user of any portion of The Fun Shop Member Program is deemed to have accepted the terms and conditions of this Agreement.
11. CHANGES TO THIS AGREEMENT.
We may change the terms of this Agreement at any time without notice or liability by posting a revised Agreement on the Member Program website located at thefunshop.com.na/membership. Any change shall take effect immediately, unless otherwise provided. You may view the current version of this Agreement at any time online at thefunshop.com.na/membership. You may also obtain a copy at The Fun ShopStore or by calling us at +26464463657.
This Agreement was last modified on 26 September 2020.