Terms of Service

Terms of Service

Overview

This website is operated by Funbox Activities (DSGJB Pty Ltd ABN 63 606 378 652) (“Funbox Activities”, “we”, “us” or “our”). Throughout this website, the terms “we”, “us” and “our” refer to Funbox Activities.

By visiting our website or purchasing from us, you agree to be bound by these Terms of Service, together with our Returns Policy, Shipping Policy and Privacy Policy.

Please read these Terms carefully before using our website. If you do not agree to these Terms, you should not access or use our website.

We reserve the right to update or change these Terms at any time by posting updates on our website. Your continued use of the website after any changes are posted constitutes acceptance of those changes.

Our online store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services.

1. Online Store Terms

By using this website, you confirm that you are at least 18 years of age, or are using the website under the supervision of a parent, guardian or authorised representative.

You must not use our products or website for any illegal or unauthorised purpose, or violate any laws in your jurisdiction.

You must not transmit viruses, malware or any code of a destructive nature.

A breach of these Terms may result in termination of your access to our website or services.

2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of our website, products, services or content without our express written permission.

The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.

3. Accuracy, Completeness and Timeliness of Information

We make every effort to ensure that information on our website is accurate and up to date. However, we do not guarantee that all information is complete, current or error-free.

The information on this website is provided for general information only and should not be relied upon as the sole basis for making decisions.

We reserve the right to modify the contents of this website at any time, but we are not obligated to update any information.

4. Prices and Product Availability

Prices for our products are subject to change without notice.

We reserve the right to modify or discontinue products or services at any time.

All products are offered subject to availability. We reserve the right to substitute components or packaging with equivalent items where necessary, provided the overall function, quality and value of the product are not materially affected.

5. Products and Services

Certain products may be available exclusively online and may have limited quantities.

We have made every effort to display product colours, images and descriptions as accurately as possible. However, we cannot guarantee that your screen display will accurately reflect the actual product colour or appearance.

We reserve the right to limit the sale of our products or services to any person, organisation, geographic region or jurisdiction.

We reserve the right to limit quantities, discontinue products, or update product descriptions and pricing at any time.

6. Commercial Customers

Many of our products are supplied to businesses, schools, shopping centres, councils, vacation care providers, OSHC services and other organisations.

Customers are responsible for ensuring that the products ordered are suitable for their intended use and comply with any internal policies, safety requirements or operational requirements of their organisation.

For bulk, commercial, seasonal, custom or branded orders, additional conditions may apply as set out in our quotes, invoices, Returns Policy or Shipping Policy.

7. Custom and Branded Products

Custom-made, personalised or branded products are produced specifically for the customer and may not be eligible for cancellation, return or exchange unless required under Australian Consumer Law.

Customers are responsible for checking and approving artwork, branding, spelling, colours, quantities and specifications before production begins.

Once production has commenced, changes or cancellations may not be possible, or may incur additional costs.

8. Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all orders placed with Funbox Activities.

You agree to promptly update your account and contact information, including your email address, billing details and delivery address, so we can process your order and contact you if required.

We reserve the right to refuse, cancel or limit any order at our discretion.

For further information, please refer to our Returns Policy, Shipping Policy and Privacy Policy.

9. Shipping and Delivery

Shipping and delivery are governed by our Shipping Policy.

Delivery timeframes are estimates only and may vary due to courier delays, weather events, public holidays, peak periods, regional locations, bulky freight or circumstances outside our control.

Funbox Activities is not liable for delays once an order has been dispatched with a courier or freight provider.

If your order is required for a specific event, school holiday program, shopping centre activation or seasonal campaign, we recommend placing your order well in advance.

10. Returns and Credits

Returns are governed by our Returns Policy.

Change-of-mind returns may be accepted only in accordance with our Returns Policy.

Custom-made, branded, opened, used or damaged products are not eligible for return unless required under Australian Consumer Law.

Nothing in these Terms excludes, restricts or modifies any rights or remedies available under Australian Consumer Law.

Credits applied to accounts must be within 12 Months of application. 

11. Intellectual Property

Unless otherwise stated, all content on this website, including product designs, artwork, activity concepts, photographs, graphics, logos, product descriptions, packaging, downloads, instructions and other materials, is owned by or licensed to Funbox Activities.

This content is protected by Australian intellectual property laws.

No material may be copied, reproduced, distributed, adapted, sold or used without our prior written permission.

12. Third-Party Tools and Links

Our website may include access to third-party tools, services or links.

We are not responsible for the content, accuracy, policies, practices, products or services of third-party websites.

Any use of third-party tools or websites is at your own risk, and you should review the relevant third-party terms and policies before using them.

13. User Comments, Feedback and Submissions

If you send us feedback, suggestions, ideas, proposals, images, reviews or other submissions, you agree that we may use, edit, publish or distribute those submissions without restriction, unless otherwise agreed in writing.

You agree that any submissions you provide will not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.

You must not submit unlawful, abusive, defamatory, obscene or misleading content, or content containing viruses or malware.

14. Personal Information

Your submission of personal information through this website is governed by our Privacy Policy, which can be viewed on our website.

15. Errors, Inaccuracies and Omissions

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to update information or cancel orders where information is inaccurate, including after an order has been submitted.

16. Prohibited Uses

You are prohibited from using our website or its content:

  • For any unlawful purpose.

  • To violate any laws or regulations.

  • To infringe our intellectual property rights or the rights of others.

  • To submit false or misleading information.

  • To upload or transmit viruses, malware or harmful code.

  • To collect or track personal information of others.

  • To spam, phish, scrape, crawl or interfere with the security of the website.

  • To harass, abuse, defame, threaten or discriminate against others.

We reserve the right to terminate your access to the website for violating any prohibited use.

17. Disclaimer of Warranties and Limitation of Liability

We do not guarantee that your use of our website will be uninterrupted, timely, secure or error-free.

We do not warrant that the results obtained from using our website will be accurate or reliable.

To the maximum extent permitted by law, Funbox Activities will not be liable for any direct, indirect, incidental, special or consequential loss or damage arising from your use of our website, products or services.

Nothing in these Terms excludes, restricts or modifies any rights or remedies available to you under Australian Consumer Law or any other applicable legislation that cannot legally be excluded or limited.

18. Force Majeure

Funbox Activities will not be liable for any delay or failure to perform its obligations where such delay or failure arises from events beyond our reasonable control.

This may include natural disasters, severe weather, industrial disputes, transport disruptions, supplier shortages, pandemics, government actions, courier delays or other circumstances outside our control.

19. Indemnification

You agree to indemnify and hold harmless Funbox Activities, its directors, employees, contractors, suppliers and service providers from any claim or demand arising from your breach of these Terms, your misuse of our website or products, or your violation of any law or third-party rights.

20. Severability

If any part of these Terms is found to be unlawful, void or unenforceable, that part will be severed from these Terms, and the remaining provisions will continue to be valid and enforceable.

21. Termination

These Terms remain effective unless terminated by either you or Funbox Activities.

We may terminate your access to our website or services if we believe you have breached these Terms.

Any obligations or liabilities incurred before termination will survive termination.

22. Entire Agreement

These Terms, together with any policies posted on our website, constitute the entire agreement between you and Funbox Activities regarding your use of this website and our services.

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

23. Governing Law

These Terms of Service are governed by the laws of the State of Victoria, Australia.

Any disputes arising from these Terms or your use of this website shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

24. Changes to Terms of Service

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms by posting updates on our website.

Your continued use of our website after any changes are posted constitutes acceptance of those changes.

25. Contact Information

Questions about these Terms of Service should be sent to:

Funbox Activities
DSGJB Pty Ltd
ABN 63 606 378 652

2 Simpson Street
Moorabbin VIC 3189
Australia

Phone: 1300 386 269
Email: info@funbox.com.au
Website: www.funbox.com.au