Funky Asian Kitchen Terms and Conditions
Last updated: October 15, 2020
Please read these terms and conditions carefully before using our service. By visiting funkyasiankitchen.com, you are consenting to our terms and conditions.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: Florida, United States
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Funky Asian Kitchen and Funkyasiankitchen.com.
- Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- Service refers to all resource pages available, membership if available, or apps related to Funkyasiankitchen.com.
- Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.
- Goods refer to the items offered for sale on the Service.
- Orders mean a request by You to purchase Goods from Us.
- Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Funky Asian Kitchen, accessible from https://funkyasiankitchen.com/
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that You are over the age of 18. The Company does not permit those under 18 to use the Service.
Funky Asian Kitchen makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Funky Asian Kitchen disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to You by Us posting the new Terms and Conditions on this Site. Any use of the Site or Service by You after being notified means You accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of Our Terms and Conditions.
In order to use the Service, You may be required to provide information about Yourself including Your name, email address, username and password, and other personal information. You agree that any registration information You give to Funky Asian Kitchen will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than Your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in Your jurisdiction.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by You or someone acting on Your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to Our acceptance of Your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by Us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to Us fulfilling our previous responsibilities to You based on acceptance of Your payment.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time We may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
We will email You to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is Your responsibility to inform Us as soon as possible.
Cancellations, Refunds, & Returns
All purchases are final.
Our Intellectual Property
The Site and Service contain intellectual property owned by Funky Asian Kitchen, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service, Content or intellectual property, in whole or in part, without Our prior written consent. We reserve the right to immediately remove You from the Service, without refund, if You are caught violating this intellectual property policy.
Intellectual Property Rights to Your Materials
We claim no intellectual property rights over the material You supply to Funky Asian Kitchen. You retain copyright and any other rights You may rightfully hold in any content that You submit through the Site or Service. Content You submit to Funky Asian Kitchen remains Yours to the extent that You have any legal claims therein. You agree to hold Funky Asian Kitchen harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against You. By posting material on the Site, You grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with You. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by You to the Site, You automatically represent or warrant that You have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Full Disclosure Affiliate Policy
Occasionally, We accept forms of cash advertising, sponsorship, paid insertions or other forms of compensation.
All advertising is in the form of advertisements generated by a third party ad network.
This blog may be compensated to provide opinion on products, services, websites and various other topics. Even though We receive compensation for Our posts or advertisements, We always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this blog are purely Our own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.
Funkyasiankitchen.com does not contain any content which might present a conflict of interest.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
Links to such websites or resources do not imply any endorsement by or affiliation with Funky Asian Kitchen. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising from Your use of the site or service. Furthermore, Funky Asian Kitchen is not liable for damages in connection with (I) Any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (II) Loss of revenue, anticipated profits, business, savings, goodwill or data; and (III) Third party theft of, destruction of, unauthorized access to, alteration of, or use of Your information or property, regardless of our negligence, gross, negligence, failure of an essential purpose and whether such a liability arise in negligence, contract, tort, or any other theory of legal liability. The forgoing applies even if Funky Asian Kitchen has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Funky Asian Kitchen’s cumulative liability to You exceed the total purchase price of the service You have purchased from Funky Asian Kitchen and if no purchase has been made by You, Funky Asian Kitchen’s cumulative liability to You shall not exceed $100.
You shall indemnify and hold Us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation,attorney’s fees, arising out of any breach by You of any of these Terms and Conditions, or any use by You of the Site or Service. You shall provide Us with such assistance, without charge, as We may request in connection with any such defense, including, without limitation, providing Us with such information, documents, records, and reasonable access to You, as We deem necessary. You shall not settle any third party claim or waive any defense without Our prior written consent.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (I) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (II) that the Service will be uninterrupted or error-free; (III) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (IV) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law; Venue; Mediation
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
This Agreement constitutes the entire agreement between You and Funky Asian Kitchen pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely by Funky Asian Kitchen. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Miami Dade County, Florida. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.
United States Legal Compliance
You represent and warrant that (I) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (II) You are not listed on any United States government list of prohibited or restricted parties.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability, Assignment, and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by You. Any transfer, assignment, delegation, or sublicense by You is invalid.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if we have made them available to You on our service. You agree that the original English text shall prevail in the case of a dispute.
Nutritional Information Disclosure
Funkyasiankitchen.com offers nutritional information for recipes contained on this site through nutrifox.com, a third party. This information is provided as a courtesy and should not be construed as a guarantee by Funkyasiankitchen.com. Although Funkyasiankitchen.com attempts to provide accurate Nutritional Information, these figures should be considered estimates. Varying factors such as product types and the way ingredients are processed change the effective Nutritional Information in any given recipe. To obtain the most accurate representation of the Nutritional Information in a given recipe, You should calculate the Nutritional Information with the actual ingredients used in Your recipe.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If You have any questions about these Terms and Conditions, You can contact us:
- By visiting this page on our website: https://funkyasiankitchen.com/contact/
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Funky Asian Kitchen
8352 S Dixie Hwy.
Miami, FL 33143