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Terms & Conditions

Citymax Hotels (India) Private Limited a company registered under the Companies Act, 1956 and having its registered office at 1st Floor, 77° Town Centre, Building No.3, East Wing, Off HAL Airport Road, Yemlur P.O., Bangalore – 560 037., (referred to herein as “Fun City”, “we”, “our” or “us”) operates the Internet e-commerce Website www.funcity.in (or any successor site) and its related sub-domains, android and iOS application, sites, Services, and tools (“Website” and/or Services). The Website is provided as a service to you and is intended to allow you and other users to browse and order products and other goods or services (“Products”) offered for sale on the Website (“Services”). Fun City reserves the right to delete, modify, or supplement the content of the Website at any time for any reason without prior notification notice, and will use reasonable efforts to include up-to-date and accurate information on the Website. NOTWITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY FUN CITY TO THE CONTRARY, YOU SPECIFICALLY AGREE TO THE TERMS SET FORTH BELOW:

  1. TERMS AND CONDITIONS:
    1. These Terms of Use (the “Terms”) are between Fun City and you as an end user of Fun City’s Website. Changes in law or changes in Fun City’s business may require changes to be made to the Terms from time to time (“Revised Terms”), so Fun City encourages you to review the Terms periodically for any such changes. It is your responsibility to carefully read, agree with and accept the Terms and Website’s Privacy Policy (the “Privacy Policy”) on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest Terms. If you do not agree to (or cannot comply with) any of the Terms, do not use this Website.
    2. If you opt to register with the Website, then at the time of registration with the Website, as a Registered User, you must carefully read these Terms and accept them. Each time a change is made to the Terms, you as a Registered User, will be prompted to accept the Revised Terms before you can proceed with your next purchase of Products on the Website.
  2. USER CONDUCT AND CONTENT
    1. You agree to comply with all legal requirements of the applicable jurisdiction(s) with regard to your use of the Website, and you acknowledge that you are entirely responsible for ensuring your own familiarity with such requirements and your own compliance with the same.
    2. The Website may at times provide opportunities for users to post reviews and other comments, questions, suggestions or other information (“User Content”) on or through this Website by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Website. You warrant that any such User Content submitted by you to the Website is original (and does not infringe the intellectual property rights of others), and you hereby grant Fun City a perpetual, irrevocable, non-exclusive, royalty-free, transferable right and licence to use such User Content however Fun City desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world, without any further recourse to you, and you hereby waive any moral rights in such User Content. You agree that you will not post any content that is contrary to morality, derogatory, illegal, libellous, defamatory, inflammatory, that infringes intellectual property rights, or that may otherwise breach common decency or be contrary to applicable law.
    3. Fun City will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. Fun City is and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; or (3) to respond to any User Content.
    4. You agree that any User Content submitted by you to the Website will not violate the Terms or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right/s, and will not cause injury to any person or entity. You further agree that no User Content submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
    5. Fun City does not regularly review posted User Content but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Website. You grant Fun City the right to use the name that you submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content you submit. You are and shall remain solely responsible for the content of any User Content you make and you agree to indemnify Fun City and its affiliates for all claims resulting from any User Content you submit. Fun City and its affiliates take no responsibility and assume no liability for any User Content submitted by you or any third party.
  3. ACCOUNT AND REGISTERED USER:
    1. In order to purchase any Products on the Website, you may either register and create an account secured by a password (the “Account”) or submit your order without creating the Account i.e. as a “Guest”. Any Account so created is personal to you, and you may not transfer it to another person. Your registration or order (in case of Guest) shall be complete after you accept the Terms. The Terms will apply each time you submit an order for any Products on the Website. If you register and create an Account, you are a “Registered User”. To become a Registered User or to submit an order for any Products on the Website as a Guest, you must be at least 18 years of age, and must provide true, accurate, current, and complete in all respects information about yourself (including name, date of birth, email address, credit card details, and other details) as requested during the Account creation process or at the time of submission of the order on the Website as a Guest. If you are under the age of 18 years, you may use this Website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms on behalf of a person under the age of 18 years, you are fully responsible for his or her use of this Website, including all financial charges and legal liability that he or she may incur. Fun City reserves the right to refuse service, terminate Accounts, or cancel orders at their sole discretion.
    2. By registering and using the Website, you warrant that the information provided by you in the course of the registration process or in the course of submission of order for any Products on the Website as a Guest is truly accurate, current, and complete in all respects and you undertake to ensure that such information is kept up-to-date and agree that such information shall be treated as per the Privacy Policy.
    3. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your personal computer or electronic or other mobile or wireless device, and you agree to accept responsibility for all activities that occur under your Account or password. Fun City assumes no liability to any person for any loss or damage which may arise as a result of any failure by you in protecting your password or Account. If Fun City has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account without any liability to us.
  4. SERVICES; ORDER, PRICING, AND PAYMENT:
    1. The Services shall include:
      1. The provision to use the Website to recharge your Fun City Card;
      2. Procuring a logistics company experienced with collection and transportation to deliver your purchased Products to you (“Logistics Supplier”); and
      3. Fun City customer support, enabling you to contact Fun City at info@funcity.in with any queries that you may have in relation to your purchased Product/s.
    2. You agree to pay the full amount payable for the recharge as indicated during the order process, including any shipping costs or charges incurred with that order. All prices are displayed in Indian National Rupees.
    3. Fun City may not accept your order for Products if
      1. the item/s is/are out of stock;
      2. Fun City is unable to obtain authorisation for your payment;
      3. shipping restrictions apply to a particular Product;
      4. Fun City finds a Product or pricing error; or
      5. for any other reason at Fun City’s sole discretion.

      In any of these situations, Fun City will inform you that your order has not been accepted, will not process your payment and will not be liable to you or any third party by reason of our decision to decline to process an order, or unwinding or suspending any transaction after processing has begun.

    4. There may be errors in transmission resulting in the interruption of your purchase, you agree to cooperate with Fun City to resolve such issues, and you agree that Fun City shall have full discretion to determine the appropriate resolution in such cases.
    5. All credit/debit card payments are subject to validation by the issuer. If the issuer of your card refuses to authorize payment, Fun City will cancel your order and contact you for an alternative method of payment. Fun City cannot be held responsible if this should result in a delay in dispatching your goods/Products.
    6. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the process, you agree to accept and pay for the item/s requested.
    7. Certain orders may constitute improper use of the Website and its Services. Fun City reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at Fun City sole discretion.
    8. In the event that a Product is listed at an incorrect price due to an error in pricing, Fun City shall have the right, at Fun City sole discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is mispriced, Fun City may, at Fun City discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
    9. Fun City will use reasonable endeavors to provide you with attractive prices on the Website as well as in its stores, however, sometimes the price online will not match the price in a store.
    10. Fun City reserves the right, at its sole discretion, to limit the quantity of items purchased per person per household or per order. These restrictions may be applicable to order placed by the same account, the same credit card and also to orders that use the same billing and/or shipping address.
  5. PRIVACY
    In the course of your use of the Website, we will collect certain information from you, (the “Information”) which will be dealt in accordance with the Privacy Policy. Please go through the Privacy Policy available on the Website.
  6. DISCLAIMER OF WARRANTIES
    1. To the fullest extent permissible by law, Fun City does not warrant that the Website or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delays, omissions, interruptions, and inaccuracies in materials or Services available through the Website or that the Services will meet any particular criteria of performance or quality.
    2. Fun City makes no representation or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on the Website or Services available through it.
    3. Although Fun City intends to take reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Website, Fun City does not represent or warrant that the Website, or Services, features or materials that may be available through the Website, are free from such destructive features. Fun City is not liable for any damages or harm attributable to such features.
    4. Electronic transmissions of data including the Internet are public media and any use of such media is public, not private. Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information. Fun City does not warrant and cannot ensure the security or confidentiality of any information you transmit to Website. Accordingly, any information you transmit to Website is transmitted at your own risk.
    5. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THIS WEBSITE AND THE SERVICES ARE PROVIDED BY FUN CITY ON AN “AS IS” AND “AS AVAILABLE” BASIS. FUN CITY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FUN CITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT WITHOUT LIMITING THE FOREGOING, FUN CITY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE FUN CITY WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
  7. LIMITATION OF LIABILITY AND INDEMNITY
    1. Nothing in these Terms is intended to affect your rights under the law. The use of the Website or any of the Services or Products is at your own risk, and unless otherwise stated in these Terms, you assume full responsibility and risk of loss resulting from your use of the Website or any of the Services or Products.
    2. By using the Website, you agree, to the fullest extent permitted by law, to indemnify and hold Fun City, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Website or any of the Services, your non-compliance with applicable laws or regulations in the jurisdiction in which you are accessing the Website or the Services, or any action taken by Fun City as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. You agree to defend, indemnify and hold harmless Fun City and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Website or any breach by you of these Terms.
    3. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FUN CITY OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORISED REPRESENTATIVE OF FUN CITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (I) THE USE OF OR INABILITY TO USE THE FUN CITY’S WEBSITE; (II) YOUR USE OF OR RELIANCE ON THE WEBSITE, ANY INFORMATION, HYPERLINKS OR CONTENT CONTAINED THEREIN, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; (III) YOUR PROVISION OF INFORMATION, PERSONAL OR OTHERWISE, TO FUN CITY; (IV) THE PROVISION OF SERVICES BY FUN CITY; OR (V) ACTS OR NEGLIGENCE ON THE PART OF FUN CITY. IN NO EVENT WILL FUN CITY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAID BY YOU TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
  8. GENERAL
    1. Any links or references to other Internet Websites (“hyperlinks”) contained on the Website are provided by Fun City merely as a convenience to you and other users of the Website, and Fun City is not responsible for the content or operation of any such linked sites, or liable, directly or indirectly, for the privacy practices or the content of such linked sites. Any hyperlinks to such linked Websites should no way be construed as an endorsement, representation(s) or promotion by Fun City as to the content, representations, accuracy, products or Services found or otherwise described in such linked Websites. Use of these linked Websites is done at your own risk and consequences.
    2. Except as otherwise expressly stated, Fun City owns/has control or has licensed the copyright, trademark and all other intellectual property contained in the Website, including but not limited to all text, images or links. All product names, trade names, service names, taglines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, “Marks”) are trademarks owned by or licensed to Fun City unless otherwise noted. The Marks on the Website are variously protected by the laws of the India and other countries. No use of any of these Marks may be made without the prior, written authorization of Fun City, except for the sole purpose of identifying the products or Services originating from Fun City. Fun City expressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Fun City’s or any third party’s intellectual property rights. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
    3. You may not copy, reproduce, republish, modify, distribute, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, use for commercial purposes any of the materials and make available to the public, or otherwise use the Website content in any way except for your own personal, non-commercial use. You further agree not to adapt, alter or create a derivative work from the Website content except for your own personal, non-commercial use. Any other use of the Website content is strictly prohibited and requires a prior written permission from Fun City.
    4. Fun City reserves the right to correct any errors or omissions on the Website and to improve the contents at any time without notice. If you rely on the Website and any materials or Services available through it, you do so entirely at your own risk. Furthermore, Fun City reserves the right to alter, limit or discontinue the provision of any of the Services contained in this Website at any time without prior notice to you.
    5. Fun City may terminate or suspend your access to all or part of this Website, without notice, for any conduct that Fun City, in its sole discretion, believes is in violation of these Terms or any applicable law or is harmful to the interests of the Fun City or a third party. Notwithstanding such termination or suspension, you will continue to be subject to clauses 2.2, 2.3, 2.4, 8, 9, 10.2, 10.3 of these Terms. Except as otherwise expressly stated in these Terms, Fun City shall not be liable to you or to any third party for any modification, termination, suspension or discontinuation of the Website.
    6. Fun City may use cookies, or other technologies, on this Website. Cookies are small files or records that Fun City may place on your web browser for collecting information about your activities on the Website, preparing reports, assessing trends, and otherwise monitoring the way in which the Website is being used. This is intended to enhance convenience for you and to assist Fun City to run an efficient operation. By accepting these Terms, you confirm your consent to Fun City’s use of cookies, and other such technologies, for these purposes.
    7. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or Services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
    8. You understand that by using this Website or any Services provided on the Website, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that Fun City, and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable.
    9. You acknowledge that the purchased goods/ products/ services licensed or sold on the Website, which may include technology and software, are subject to the customs and export control laws and regulations of India and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Website, you agree to abide by the applicable laws, rules, and regulations and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology in violation of the law.
    10. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this Website.
    11. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms shall remain in full force and effect. The failure of Fun City to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Fun City’s rights with respect to such breach or any subsequent breaches.
    12. Your unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.
    13. The Terms shall be governed by the laws of India and all disputes shall be subjected to jurisdiction of Bangalore courts exclusively.
    14. You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Fun City as a result of your use of this Website.
    15. These Terms
      1. constitute the entire agreement between you and Fun City with respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto,
      2. will be governed by the laws of the India and courts of Bangalore shall have exclusive jurisdiction on all disputes arising out of this Terms and Privacy Policy
      3. may not be amended, terminated or waived orally, and
      4. may not be assigned or resold, in whole or in part, directly or indirectly, by operation of law or otherwise, by you.


      Any terms of these Terms that may be invalid will not affect the validity of enforcement of the remaining valid terms of Terms. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore.

    16. If you do not agree to (or cannot comply with) any of these Terms, do not use this Website.
    17. Fun City shall be not held liable for any delay or failure in performance of any part of these Terms from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, political unrest, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or Services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the Internet or any third party Internet service providers.
  9. IMPORTANT INFORMATION
    1. Fun City attempts to be accurate in its product descriptions. However, Fun City does not warrant those Product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free.
    2. Thank you for your cooperation. We hope you find this Website helpful and convenient to use.
    3. For more information or to share your opinion, please do reach out to us via email on info@funcity.in
  10. POWERCARD PACKAGE
    • Powercard cannot be exchanged for cash
    • INR 50 will be charged for card replacement
    • Fun City is not responsible for lost, stolen or damaged cards.
    • Powercard can be used at all Fun City outlets in India
    • By purchasing this Powercard, the customer agrees to abide by all safety rules and regulations applicable for all rides & attractions
    • Tickets and credit loaded onto the Powercard will be valid for 6 months from the date of last use.
    • In-store terms & conditions are subject to change
    • No refund will be exercised on the package purchased under any conditions
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