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These terms and conditions ("Terms of Use") set forth the basis on which you are permitted to access and use the Monkey Business website located at www.monkeybusinessusa.com ("Website"). These Terms of Use shall govern over all aspects of the applications offered by Monkey Business Design USA LLC (“MB”) via this Website, including, without limitation, the products and services contained herein. Please read these Terms of Use carefully before using the Website. By accessing and using the Website in any way, you agree to and are hereby bound by these Terms of Use. If you do not agree to all of the terms and conditions contained herein, do not use or access the Website in any manner.
The purchase of any goods from the Website is governed by these terms of use. We reserve the right to modify these terms and conditions from time to time without notice to you.
There is no charge imposed by us for accessing the Website but you must pay the cost of the communications link you use to visit the website.
Access to the Website may be suspended, restricted or terminated at any time.
CONTRACT INFORMATION
Goods supplied from the Website are supplied by Monkey Business Design USA LLC, a company registered in New York, USA.
Your submission of an order represents an offer to purchase Goods indicated by you and it is not binding on us until we have notified you that an order is accepted. All advertisements and communications are made by us until your order is accepted by us are invitations to treat only and are not offers. This means that if Goods are shown on the site but are not available or are incorrectly priced or otherwise incorrectly described, Monkey Business shall not be obliged to sell you those goods.
USE OF THE WEBSITE
The Website is an online platform for content and products sold by Monkey Business Design USA LLC. EIN # 47-5526150.
MB grants you a limited license to access and make personal use of the Website and not to download or modify it, or any portion of it, except with express written consent of MB. As a condition to your use of the Website, you agree not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Website in any manner that could damage, disable, overburden, or impair any MB server, or the network(s) connected to any MB server, or interfere with any other party's use and enjoyment of the Website. You may not distribute in any medium any part of the Website without MB's prior written authorization. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You further agree not to alter or modify any part of the Website or any of its related technologies. Any unauthorized use terminates the permission or license granted by MB. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray MB, or its products or services in a false, misleading, derogatory, or otherwise offensive manner.
Whilst we will use reasonable endeavors to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implies in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for:
• Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
• Any loss of goodwill or reputation; or
• Any loss which was not brought to the attention of MB at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by MB; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these terms of use.
Nothing in the terms of use shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MB or its content suppliers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of MB and is protected by international copyright laws.
COPYRIGHTS AND INTELLECTUAL PROPERTY RIGHTS
MB logo, 'add the extra to the ordinary' slogan, and other Website graphics, logos, page headers, button icons, illustrations, scripts and text is the property of MB and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of MB and is protected by international copyright laws.
MB’s trademarks and trade dress may not be used in connection with any product or service that is not MB's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MB. All other trademarks not owned by MB that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MB.
USER ACCOUNTS
When purchasing products on the Website you will have the option to open an account; you must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify MB immediately of any unauthorized use of your account or any other breach of security. MB will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MB or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the express permission of the account holder. MB reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
THIRD PARTY WEBSITES AND CONTENT
MB has not and cannot review all of the material, information and content available on or by means of third party websites and web pages to which the website links and which link to the website ("Third Party Content"), and cannot therefore be responsible for such Third Party Content. By linking to a non-MB website or web page, MB does not represent or imply that it endorses such website or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. MB disclaims any responsibility whatsoever for any harm resulting from your use of non-MB websites and web pages.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
Our Privacy Policy explains our online information practices and how your information is collected and used.
ABILITY TO ACCEPT TERMS OF USE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
PRODUCT DESCRIPTIONS
The items offered for sale on the Website contain descriptions. IF A USER PURCHASES AN ITEM FROM THE WEBSITE THAT IS NOT AS DESCRIBED ON THE WEBSITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION IN ACCORDANCE WITH MB'S PRODUCT RETURN POLICY
PRICING
Please be advised that the price listed for each product on the Website is exclusive of taxes, and to the extent any taxes are required to be added pursuant to applicable laws, such taxes shall be added to the product price. Please also note that should specific taxes be required to be imposed in certain territories on the product price, such taxes shall also be added to the product price and shall be borne by you.
CUSTOMS, DUTIES and TAXES
Customers are responsible for import duties, tariffs, and taxes.
Orders may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of a shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, you should contact your local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.
You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from Monkey Business, the recipient is the importer of record and must comply with all laws and regulations of the destination country.
Monkey Business ships products from NJ USA, there are no duties imposed by the US government and we are not responsible for products being confiscated by Customs in destination countries.
SHIPPING
MB gladly accepts orders from all around the globe. Available product lines, shipping rates and fees may vary depending on the weight and delivery address for your order.
International orders are usually shipped using Priority International Mail. Shipping costs vary depending on the destination country and delivery time varies between 3-21 business days. International customers are responsible for any customs and/or other fees that may be levied on merchandise once it arrives in your home country. Customs charges can vary widely from one country to another. If you are unsure, you should contact the customs agency in your country to find out if the items you are purchasing will be subjected to customs or other fees.
It should be noted that certain products on the Website may be afforded free of charge shipping. Should you wish not pay for accelerated shipping, please allow an average time of up to 21 business days for products which are shipped free of charge.
MB will arrange for shipping with the carrier and method requested by you in accordance with our shipping methods. Risk of loss is upon you once MB delivers the item/s to the carrier. Please note that delivery times are good faith estimates only and MB shall not be liable for delays.
On the day your order is shipped, an e-mail containing your tracking number will be sent to you. You are also able to check the status of your order on the shipper site. For more information regarding your order while it is in transit to you, please contact the selected carrier with the tracking number.
WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY MB ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MB DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR E-MAIL SENT FROM MB ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
GOVERNING LAW & JURISDICTION
Your use of the Website and these Terms of Use shall be governed in all respects by the laws of Israel, without giving effect to its conflict of laws provisions. You agree that any action brought against MB arising out of or relating to the Website or these Terms of Use may be brought only before the courts of Tel Aviv, Israel.
ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
OUR ADDRESS
Monkey Business Design USA LLC.
900 Merchant's Concourse
Suite 211
Westbury, NY 11590
GENERAL
These Terms of Use, together with the warranty information, security and Privacy Policy and any other legal notices published by MB on the Website shall constitute the entire agreement between you and MB concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and MB's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
