MONKEY BUSINESS TEAM BUILDING TERMS AND CONDITIONS
- About us
1.1. Company details. Monkey Business Team Building (“we” and “us”), is a virtual team building event company based in New York City.
1.2. Contacting us. Please see our website for details as to how to contact us (monkeybusinessteambuilding.com/contact). How to give us formal notice of any matter under a Contract is set out in clause 13.2. - These Terms and Conditions
2.1. Terms. These terms and conditions (Terms) apply to any order placed by you for any of our online virtual development/team-building games or any of our other related products and services (“Products”) and our supply of any such Products to you, whether such Products are goods, services or digital content. No other terms are implied into these Terms or any Contract by trade, custom, practice or course of dealing.
2.2. Entire agreement. Any Contract incorporating these Terms is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out herein.
2.3. Your copy. You should print a copy of these Terms or save them to your computer for future reference. - Placing an order and its acceptance
3.1. Placing your order.
(a) Information on our Products is supplied on our website along with these Terms (monkeybusinessteambuilding.com/terms). If you are interested in the Products, please contact us via email, telephone, or the enquiry form on our website.
(b) We will respond with an email to you with pricing information, further information on the applicable Products and a request for additional information we require from you (such request, an “Order Form”).
(c) To place an order, you must accurately complete the Order Form including all additional information we have requested and return it to us by email (“Confirmation Email”). The “Confirmation Email” is an offer by you to buy the applicable Products subject to these Terms.
3.2. Correcting input errors. You are responsible for ensuring that any information you provide to us is complete and accurate.
3.3. Acknowledging receipt of your Confirmation Email. After you send a Confirmation Email, you may receive an email from us acknowledging that we have received it. Please note that this correspondence does not mean that your order has been accepted. If your order is accepted, such acceptance will take place as described in clause 3.4.
3.4. Accepting your order. We will confirm our acceptance of your order for certain Products by sending you an email with a pdf of our invoice for the Products that you have ordered (“Acceptance Email”). A contract between you and us, whereby we agree to provide applicable Products to you in exchange for your paying the corresponding price(s) indicated by us is formed on transmission of the Acceptance Email and becomes legally binding on both you and us (any such contract, a “Contract”).
3.5. If we cannot accept your order. If we are unable or unwilling to supply you with one or more requested Products for any reason, we will inform you of this by email and we will not process your order. If you have already paid for any Product that we are unwilling or unable to provide, we will refund you the corresponding amount.
3.6. Amending your order. If you wish to add additional players to one or more Products or otherwise amend the parameters of any Project requested in your Confirmation Email, please notify us by email prior to utilizing the applicable Product(s). We will confirm acceptance of the additional players (or other revised terms) by email and, if applicable, will send a hyperlink to our digital invoice for the additional players/services (“Additional Invoice”). The Additional Invoice must be paid in full within 14 days of transmission of the Additional Invoice. - Cancellation
4.1. You may cancel all or any portion of your order in accordance with this clause 4. You will receive a refund of your fees paid to us (if any):
(a) If you cancel any portion of your order 14 days or more before the Delivery Date (as defined in clause 6.1, below) you will receive a full refund for the cancelled Products;
(b) If you cancel your order less than 14 days but more than 7 days before the Delivery Date you will receive a refund equivalent of 50% of the total amount of your fees for the cancelled Products;
(c) If you cancel any portion of your order 7 days or less before the Delivery Date we regret that you will be unable to receive a refund and the full amount of your fee remains payable.
4.2. All cancellations must be sent by email to info@monkeybusinessteambuilding.com and must be received by us. For the avoidance of doubt, telephone cancellations are not accepted.
4.3. You acknowledge that the refund of your fees in accordance with this clause 4 is your sole remedy in respect of any cancellation of your registration by you and all other liability is expressly excluded. - Our Products
5.1. The images of the Products on our site are for illustrative purposes only.
5.2. We reserve the right to amend the specification of the Products if required by any applicable statutory or regulatory requirement.
5.3. We may update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it. - Delivery, transfer of risk and title
6.1. We will send you a Zoom meeting link for the agreed-upon event date and time for the utilization of a Product following payment of our invoice (“Delivery Date”). Occasionally our delivery of a Product to you may be affected by an Event Outside Our Control. See clause 12 (Events outside our control).
6.2. Delivery is complete once the Project has been utilized (for the avoidance of doubt, this would be upon the completion of any team building event).
6.3. We retain ownership of all intellectual property rights in relation to the Products. - 7. Price of Products and delivery charges
7.1. The prices of the Products will be as set out in the Order Form we email to you under clause 3.1(b) and our invoice (and Additional Invoice, if applicable).
7.2. Prices for our Products may change from time to time, but changes will not affect any order you have already placed. - 8. How to pay
8.1. You can pay for Products using the following methods of payment: Debit or Credit Card; Bank Transfer; Stripe
8.2. Further details as to how to make payment can be found on our invoice.
8.3. Payment for any Products must be made in advance of receiving such Products. - Our warranty for the Products
9.1. We warrant that on delivery, the Products will:-
(a) subject to clause 5, conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship;
(c) be fit for any purpose held out by us; and
9.2. Subject to clause 9.3, if:
(a) you give us notice in writing within a reasonable time that some or all of the Products do not comply with the warranties set out in clause 9.1;
(b) we are given a reasonable opportunity of examining the Products;
we will, at our option, repair or replace the defective Products, or refund the price of the defective Products in full.
9.3. We will not be liable for breach of any warranty set out in this clause 9 if:
(a) the defect arises as a result of us following any instruction, design or specification supplied by you;
(b) you alter the Products without our written consent; or
(c) the Products differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
9.4. We will only be liable to you for the Products’ failure to comply with any warranty set out in this clause 9 to the extent set out in this clause 9.
9.5. These Terms also apply to any replacement Products supplied by us to you. - Our liability: your attention is particularly drawn to this clause
10.1. References to liability in this clause 10 include every kind of liability arising under or in connection with any Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
10.2. We only supply the Products for internal use by your business, and you agree not to use the Products for any other purpose (including but not limited to resale).
10.3. Nothing in these Terms limits or excludes our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability that cannot be limited or excluded by law.
10.4. Subject to clause 10.3, we will under no circumstances be liable to you for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
10.5. Subject to clause 10.3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the applicable Product from which such liability arose.
10.6. Unless you notify us that you intend to make a claim in respect of an event within the notice period, we shall have no liability for that event. The notice period for an event shall start on the day on which you became, or ought reasonably to have become, aware of the event having occurred and shall expire 12 months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail
10.7. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes. - Termination
11.1. Without limiting any of our other rights, we may suspend the supply or delivery of any Products to you, or terminate a Contract with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 14 days of you being notified in writing by email to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(d) your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
11.2. Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
11.3. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect. - Events outside our control
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (“Event Outside Our Control”).
12.2. If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new Delivery Date with you after the Event Outside Our Control is over.
12.3. You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days with respect to any Product that has not yet been delivered to you. To cancel please contact us. - Communications between us
13.1. When we refer to “in writing” in these Terms, this includes email.
13.2. Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be sent by email.
13.3. A notice or other communication is deemed to have been received, if sent by email, at 9.00 am the next working day after transmission.
13.4. In proving the service of any notice, it will be sufficient to prove, in the case of an email, that such email was sent to the specified email address of the addressee.
13.5. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action. - How we may use your personal information.
14.1 Information that is gathered from visitors: In common with other websites, log files are stored on the web server saving details such as the visitor’s IP address, browser type, referring page and time of visit. Cookies may be used to remember visitor preferences when interacting with the website. Where registration is required, the visitor’s email and a username will be stored on the server.
14.2 How the Information is used: The information is used to enhance the visitor’s experience when using the website to display personalized content and possibly advertising. E-mail addresses will not be sold, rented or leased to 3rd parties. E-mail may be sent to inform you of news of our services or offers by us or our affiliates.
14.3 Visitor Options: If you have subscribed to one of our services, you may unsubscribe by following the instructions which are included in e-mail that you receive.
You may be able to block cookies via your browser settings but this may prevent you from access to certain features of the website.
14.4 Cookies: Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. Also they may be used to track your return visits to the website. 3rd party advertising companies may also use cookies for tracking purposes.
14.5 Google Ads: Google, as a third party vendor, uses cookies to serve ads. Google’s use of the DART cookie enables it to serve ads to visitors based on their visit to sites they visit on the Internet. Website visitors may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy. - General
15.1. Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to any other person or entity.
(b) You may only assign or transfer your rights or your obligations under the Contract to another person or entity if we agree in writing.
15.2. Variation. Any variation of the Contract only has effect if it is in writing and agreed upon by you and us (or our respective authorized representatives).
15.3. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
15.4. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
15.6. Governing law and jurisdiction. This Contract is governed by the laws of the State of New York and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the courts of the State of New York.
This Contract was last updated July 23 2022.