PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT. BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS.

Welcome to funfactoryisland.com (the “Website”), the online site for Fun Factory Island(the “Company”) retail stores located in Barbados. This Website is currently provided free-of-charge to users who agree to abide by the terms and conditions of this Agreement. The Company reserves the right to change the nature of this relationship at any time and to revise these Terms and Conditions from time to time as the Company sees fit. Users who violate the terms of this Agreement will have their access canceled and may permanently be banned from using the Website and any of its interactive services. Users should check these terms and conditions periodically. By using the Website after we post changes to these Terms you agree to accept those changes, whether or not you actually reviewed them. Using the Website will constitute your acceptance of these Terms. If you do not agree to abide by these terms, please do not use the Website for any purpose.

Table of contents

Jurisdiction

Age Restriction

Cookies

Trademarks, Copyrights & Restrictions

Order Limitations

Credit Card Authorization

Delivery Services

In Store Pickup

Return Policy

Links

Errors

Privacy Issues

Disclaimers and Indemnity

Limitation of Liability

Termination

Force Majeure

Comments, Complaints and Questions

Jurisdiction

The Company operates the Website from its offices within Barbados. The Company makes no representations that content and materials on the Website are legal or appropriate for use outside Barbados. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Website in violation of Barbados export laws and regulations. This Agreement will be governed by and construed in accordance with the laws of Barbados. Any claim or cause of action you have with respect to use of the Website must be commenced within one (1) year after the claim arises. If any provision of this Agreement is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from this Agreement and the remaining provisions of this Agreement will remain in force. This Agreement constitutes the entire agreement between you and the Company concerning your use of the Website, and the Agreement will not be modified, except in writing, signed by both parties.

Age Restriction

If you are under the age of 18, please do not use or visit this Website. By placing an order with us for alcoholic beverages, you are confirming that you are 18 years old or older. In Barbados, it is illegal to sell alcohol to anyone under the age of 18, and Fun Factory Island has the right to cancel an order or delete an account if we suspect the account holder to be under age. If you misrepresent your age, regardless of whether it was intentional or not, in order to obtain or provide alcohol to a person or persons under the legal age, we will report your actions to the appropriate authorities. If alcoholic beverages are purchased as a gift, the recipient will also need to be of legal drinking age (18 years or older). By using this Website, you understand that you are financially responsible for all uses of this Website by you and for purchases you make on this Website.

Cookies

"Cookies" are small, encrypted data files (containing references to user ID information supplied by the user and stored on our secure server) that may write to your hard drive once you have accessed a Website. This Website uses cookies to enhance your user experience with us.

Trademarks, Copyrights & Restrictions

This Website and all materials on the Website, including, but not limited to, images, illustrations, posts, audio clips and video clips (the "Materials") is the property of the Company and/or its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by the Company and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from The Website or any other Website owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Materials and other downloadable items displayed on the Website, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company's copyrights and other proprietary rights. Use of these Materials on any other Website or other networked computer environment is prohibited without prior written permission from the Company. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any information displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of the Company or such third party that may own the trademark or copyright of information displayed on this Website.

Order Limitation

The Company may, at our sole discretion, limit or cancel quantities purchased by you or on your behalf for any reason. We further reserve the right to reject any order you place with us for any reason. In the event we make a change to your order, we will attempt to notify you by contacting you at the e-mail, phone number or other contact information you provided at the time the order was made.

Credit Card Authorization

If you are paying for your order via credit card, debit card, or any other form of authorized payment, by accepting these Terms, you hereby authorize the Company to charge the credit card, debit card, or other form of authorized payment for the noted or authorized amount. Further, you represent, warrant and affirm that you are an authorized user of the submitted credit card, debit card or other form of authorized payment, and that you will not dispute the payment.

Delivery Service

Orders placed on our Website are subject to product availability and any shipping restrictions and policies as set forth on the Website. In the event you do not receive any order, you understand and agree that you must notify the Company within one business day from receipt of the shipping confirmation sent to you. As set forth above, all orders, including in-store pickup orders, are subject to product availability. The Company will use the email address (or other contact information provided by you if necessary) to notify you when your order is ready for pickup. Although additional restrictions may apply, at pickup, the person who placed the order must be present and display valid identification, and the credit card used as payment for the order.

Return Policy

All sales made through or Website are subject to our Return Policy below:

Exchanges are given within 7 days of receipt to unopened items only/resaleable items.

Original receipt must be produced when items are being returned.

Delivery fees are non-refundable.

Refunds are ONLY given based on manufacturers default fault only.

Links

The Company is not responsible for the content of any Websites that may be linked to or from the Website, or any bulletin board associated with the Company. These links are provided for your convenience only and you access them at your own risk. Any other Website accessed from this Website is independent from the Company, and the Company has no control over the content of that Website. In addition, a link to any other Website does not imply that the Company endorses or accepts any responsibility for the content or use of such other Website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by the Company of that third party or of any product or service provided by a third party.

Errors

Product information, including, without limitation, product and service descriptions, details, vintages (including vintages displayed on images), images, prices and availability, is being provided for convenience only and is subject to change without notice. The Company will attempt to correct any inaccuracies that are detected. However, we make no warranties that said information is correct. The Company has the right to limit, modify or cancel orders placed, or quantities purchased, by you or on your behalf at its sole discretion as set forth above.

Privacy Issues

The Company is concerned about privacy matters for its customers. Please review our Privacy Policy.

Disclaimers and Indemnity

By using the Website and/or posting Materials, you agree to indemnify the Company, its officers, directors, employees, successors, agents, distributors, and affiliates for any and all claims, damages, losses, and causes of action (including attorneys' fees) arising out of or relating to your breach or alleged breach of this agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your user I.D. and/or password). You agree to cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. The information contained in this Website is for general guidance on topics selected by the Company. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this Website. The information on this Website is provided with the understanding that the Company and various authors and publishers' providing such information are not engaged in, and that providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this Website should not be relied upon or used as a substitute for direct consultation with professional advisors. This Website contains facts, views opinions, statements and recommendations of third-party individuals and organisations. None of them or the Company (and its affiliated entities) represents or endorses the accuracy, currency or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Website. You acknowledge that any reliance on any such opinion, advice, statement or information will be at your sole risk. The materials on this Website are transmitted and distributed ‘as is’ and appear on the Website without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability or fitness for a particular purpose. There is no warranty to the quality, accuracy, completeness or validity of any materials on the Website, and no warranty that the functions contained on the Website will be uninterrupted or error-free or that defects will be corrected. Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. This Disclaimer applies to all content, merchandise and services available through this Website.

Limitation of Liability

Neither the Company nor its officers, directors, employees, agents, successors, subsidiaries, distributors, affiliates or third parties providing information on this Website are responsible or liable for any special, incidental, consequential, punitive or other indirect damages that result from the use of, or the inability to use this Website or the information contained on this Website, even if the Company (or any third party posting information on this Website) has been advised of the possibility of such damages. In no event shall the Company’s total liability (or the total liability of any third party providing information on this Website) to you for all damages, losses and causes of action resulting from your use of this Website, whether in contract, tort (including but not limited to negligence) or otherwise exceed one dollar (BDS$1.00).

Termination

The Company may at its sole discretion and for any reason terminate or suspend your access to all or part of the Website including, but not limited to, any message boards on the Website. In the event this Agreement is terminated, the restrictions regarding Materials appearing on the Website, the representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement will survive termination. If you are unsatisfied with the services provided by the Company, your sole remedy is to terminate this Agreement.

Force Majeure

The Company shall not be liable for any failure of or delay in the performance of the Terms if the failure of or delay in performance is caused by: (a) any act, emergency condition, war, strikes, labor disputes, embargoes, government orders, act of God or any other force majeure event; (b) any act or condition beyond the Company’s control; (c) any present or future law, code, regulation, court order; or (d) any act or omission of a third party.

Comments, Complaints and Questions

We welcome your feedback about the Website. Any comments, ideas, notes, messages, suggestions or other communications sent to the Website shall be and remain the exclusive property of the Company, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of this Agreement, please contact us.