Terms Of Use U.S.
1. WELCOME
This website and its subdomains are operated by Better Confectionery North America Inc., doing business as FUNDAY Natural Sweets. These Terms of Use set out the rules for using the site. By using it, you agree to these terms and to our Privacy Policy, which forms part of them. If you do not agree, please stop using the site.
2. WHAT THIS SITE DOES
Our site shares information about FUNDAY products, tells you where to find them, lets you sign up for updates, and connects you with our social channels. We do not sell products through this site. Links to retailers take you to their websites, and anything you buy there is governed by their terms, not ours.
3. INFORMATION ON THE SITE
We work hard to keep product information accurate and current, including flavors, ingredients and where to buy. Things change, and we cannot guarantee everything is complete or up to date at any given moment. Always check the pack for ingredient and allergen information.
4. PROMOTIONS
From time to time we run sweepstakes, giveaways and other promotions. Each one has its own Official Rules, which are published on our site while the promotion is running. Those rules govern that promotion, and where they differ from these Terms of Use, the Official Rules apply.
5. HEALTH AND PRODUCT DISCLAIMER
FUNDAY products are confectionery. Any nutrition or wellness information on this site is general in nature and is not medical or dietary advice. It is not a substitute for guidance from your doctor or another healthcare professional. Always check the pack for ingredient and allergen information, and talk to a professional about your own needs.
6. AVAILABILITY OF THE SITE
We may change, pause or discontinue any part of the site at any time. We cannot promise it will always be available, secure or free of errors.
7. THIRD PARTY LINKS
Our site links to other websites, including retailers and social media platforms. We do not control those sites and are not responsible for them. Your use of them is at your own risk and subject to their terms and privacy policies.
8. USING THE SITE
By using the site you confirm you are old enough to enter a binding agreement where you live, and that you are not prohibited from using it under any applicable law. Please do not attempt to disrupt, overload or gain unauthorized access to the site or any system connected to it.
9. CONTENT YOU SEND US
If you send us feedback, ideas, photos or other content directly, you are responsible for it and you confirm you have the right to send it. Please do not send anything unlawful, abusive, deceptive, infringing or harmful.
By sending us content, you give FUNDAY a worldwide, royalty-free, non-exclusive licence to use, reproduce, modify, publish and display it in connection with our business. We do not have to use it, and we may remove content at any time.
10. OUR INTELLECTUAL PROPERTY
The content, design and FUNDAY trademarks on this site are owned by or licensed to us and are protected by law. Other trademarks belong to their owners.
11. COPYRIGHT COMPLAINTS
If you believe content on our site infringes your copyright, email with your contact details, identification of the work and the material you say infringes it, a statement that you believe in good faith the use is not authorized, and a statement made under penalty of perjury that your notice is accurate and that you are authorized to act. We remove infringing material and terminate repeat infringers where appropriate.
12. DISCLAIMER AND LIMITATION OF LIABILITY
To the fullest extent permitted by law, the site and its content are provided as is and as available, and we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement.
To the fullest extent permitted by law, FUNDAY and its related parties will not be liable for any indirect, incidental, special, consequential or exemplary damages, or for loss of data, goodwill, revenue or profits, arising from your use of or inability to use the site. Where liability cannot be excluded, our total aggregate liability is limited to the greater of one hundred US dollars or the total amount you paid us through this site in the twelve months before the event giving rise to the claim.
Nothing in these terms limits liability that cannot be limited under applicable law, including liability for personal injury caused by our products. Some states do not allow certain exclusions, so parts of this section may not apply to you.
13. DISPUTES AND ARBITRATION
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14. GOVERNING LAW
These terms and any dispute arising out of them are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. For any dispute not subject to arbitration, you and Better Confectionery North America Inc. consent to the exclusive jurisdiction of the state and federal courts located in Delaware, and each of us waives any objection to venue in those courts. This site is intended for use in the United States.
Nothing in this section deprives you of the protection of any mandatory consumer protection law of the state where you live.
15. CHANGES TO THESE TERMS
We may update these terms. Changes take effect once posted, so please check back. Continuing to use the site means you accept the current version.
16. GENERAL
If any part of these terms is found unenforceable, the rest stays in effect. We may assign these terms, for example in a merger or acquisition. These terms are the entire agreement between you and FUNDAY about the site.
17. SMS
If you give us your mobile number and agree to receive texts, you are joining the FUNDAY text message program. This section applies to that program along with the rest of these terms.
Signing up: By providing your mobile number, you agree to receive recurring automated marketing text messages from FUNDAY at that number, including messages sent using an automatic telephone dialing system. Nothing here is a statement that we do or do not use one. Consent is not a condition of buying anything from us or entering any promotion.
You confirm that the number you give us is your own and that you are an authorized user of it. You also confirm that you are signing up because you want to hear from FUNDAY, and not in order to bring a claim against us or against anyone sending messages on our behalf.
You must be at least 18 years old to join. Please do not sign anyone else up.
Electronic delivery: Some laws require us to give you certain information in writing when you agree to receive marketing texts. By opting in, you agree that we can give you that information electronically. You can withdraw that agreement, update your details, or ask for a free paper copy any time at info@fundaysweets.com. To read and keep a copy of these terms you will need a device with a web browser and internet access, and somewhere to save or print the page.
Cost and frequency: Message and data rates may apply and message frequency varies. Your mobile carrier's charges are between you and your carrier. We may change how often we send messages, and we may change the number our messages come from.
Stopping messages: Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any message to cancel. We will send one confirmation and then stop. If you word it differently our system may not pick it up, so please use one of those. You can also email info@fundaysweets.com and we will take you off the list.
Our Do Not Call list: We keep an internal Do Not Call list. If you opt out, or ask us in any reasonable way to stop texting you, we add your number to that list and honor the request within 10 business days. Your number stays on the list unless you sign up again later. If you change or give up your mobile number, please tell us at info@fundaysweets.com so we do not end up texting someone who never signed up.
State telemarketing laws: Several states have their own telemarketing laws. Where those laws apply, we treat the area code of the number you give us as your state of residence, unless you tell us in writing that you live somewhere else.
Delivery: Not all devices are supported and messages may not reach every area. Mobile carriers are not liable for delayed or undelivered messages, and we cannot promise every message will arrive.
18. CONTACT
Questions about these terms? Email .
