Terms & Conditions

Last Updated: March 7, 2022

By using this Website, you agree to be bound by and comply with these Terms of Use and any other guidelines, rules or policies posted to the Website by Auntie PhiPhi’s from time to time.  All such guidelines, rules and policies (including, without limitation, Auntie PhiPhi’s’) are incorporated into these Terms of Use by reference and are made a part hereof.  Please read these Terms of Use carefully. This is a legal document, and it contains binding obligations.

 

Changes to Terms of Use

Auntie PhiPhi’s shall have the right to modify these Terms of Use at any time, which modification shall be effective immediately following Auntie PhiPhi’s’s posting of such change on the Website. We recommend that you check the Website regularly for any such changes. Your use of the Website following such posting shall be deemed to constitute your acceptance of such modification.

 

Use of this Website

Access, distribution and/or use of this Website is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. You agree to comply with all applicable laws in connection with your use of the Website and your participation in any Auntie PhiPhi’s offerings.

You agree that you will not (i) interfere with the Website and/or the servers or networks connected to same; (ii) “frame” or “mirror” any part of the Website without Auntie PhiPhi’s’s prior written authorization; (iii) use metatags or code or other devices containing any reference to any Auntie PhiPhi’s offerings in order to direct any person to any other website for any purpose; and/or (iv) modify, translate, decompile, disassemble, or reverse engineer any software available through the Website or otherwise used in connection with Auntie PhiPhi’s’s offerings.

 

Use of Materials

Materials on this Website, including but not limited to sound recordings, videos, images, logos, trademarks and other works (collectively, the “Materials”), are protected under various intellectual property laws and owned or controlled by Auntie PhiPhi’s, or used with permission of the owner(s) of such Materials. The display of Materials on this Website does not imply that a license of any kind has been granted to you.  You agree that you will not remove any copyright, trademark or other proprietary rights notices contained on the Website.

Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Materials, in whole or part, without the express permission of Auntie PhiPhi’s, is prohibited. You may download digital files only where expressly permitted. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.

 

Trademarks

The Company name, the Company logo, images/drawings of Auntie PhiPhi’s, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. Nothing on the Website should be construed to grant any license or right to use any Company mark without our prior written consent.

 

Privacy

Please see Auntie PhiPhi’s Privacy Policy for information concerning the collection and use of personal information from this Website.

 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Website. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

  • For the purpose of attempting to or exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

  • To attempt to or transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).

  • To access or attempt to access data not intended for you or logging into a server or account which you are not authorized to access.

  • To engage in any other conduct that attempts to or restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use or attempt to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

  • Use or attempt to use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

  • Use or attempt to use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

  • Use any device, software or routine that interferes with the proper working of the Website.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to or gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

  • Attempt to or attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

  • Terminate your account or your loyalty program membership at any time in the event that, in our sole judgment, you violate these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

You may remove your User Generated Content and Social Media Content from the Website at any time, and you may terminate your account or loyalty program membership at any time by logging into your account and following the instructions in your user profile.

 

Social Media Content

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site.

  • Send emails or other electronic communications with certain content, or links to certain content, on this Website.

  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

  • Communicate with our accounts on social media through public posts or private messaging.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. We may disable all or any social media features and any links at any time without notice in our discretion.

 

Any information or other content (including text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips) you post when (i) using the Website or (ii) using any social media website in which you interact with Company-affiliated accounts, including but not limited to Facebook, Twitter, Instagram, YouTube, TikTok, Snap Chat, Pinterest, YouTube, and LinkedIn (including any use of Company-related hashtags, tags, and posts), (such content hereinafter referred to as “User Social Media Content”), becomes public information, depending upon your privacy settings, and is subject to redistribution by the Company and other third parties. By posting User Social Media Content to the Website you grant us the license described above. For this reason, we ask that you not post any User Social Media Content that you do not wish to license to us, including any photographs, videos, confidential information, or ideas. There is no expectation of privacy when posting User Social Media Content or otherwise participating in such interactive forums and we have no control over how other users may use the information you make public. Therefore, you should exercise caution and discretion when disclosing your personal information in a public submission or posting User Social Media Content. User Social Media Content is also subject to our Terms of Use.

 

Promotions, Sweepstakes, Contests

On occasion Auntie PhiPhi’s, or certain advertisers or suppliers, may elect to conduct certain promotions, sweepstakes or contests (collectively, “Promotions”) on this Website. Each such Promotion may have specific rules and regulations which will be made available to users and which shall be deemed incorporated in and become a part of these Terms of Use. By participating in any Promotion, you are deemed to have accepted the rules and regulations for that Promotion, and to have agreed to abide and be bound by them.

 

Links

From time to time, the Auntie PhiPhi’s Website may contain links to other websites that are not controlled and/or maintained by Auntie PhiPhi’s. Access to and use of such other websites is at your own risk and subject to any terms of use and privacy policies which govern such websites. By providing such links, Auntie PhiPhi’s shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. Auntie PhiPhi’s is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or terms of use of use that differ from those of the Auntie PhiPhi’s Website and/or may provide their users with less security than the Auntie PhiPhi’s Website.

 

Account and Password Responsibility

In order to access some features of the Website, you may have to create an account. When creating an account, you must provide your accurate and complete information and you may not use a fake identity or any other individual’s identity.  When you create an account, you will be asked to choose a password which you shall use to access the secure portion of the Website, and which may be required when you are seeking to participate in certain offerings of the Website. You are responsible for maintaining the confidentiality of your password. You agree not to (i) use the account, username or password of any other visitor to the Website at any time, (ii) share your account, or (iii) disclose your password to any third party. You agree to notify Auntie PhiPhi’s immediately if you suspect any unauthorized access to or use of your account or password. You are solely responsible for any and all use of your account and password.

 

Non-Commercial Use

You may not use this Website or any Materials provided herein in connection with any commercial endeavors except with the express written agreement of Auntie PhiPhi’s.

 

User Submitted Content

On certain sections of this Website, visitors may be permitted to: post, display and/or publish (“post”) comments, information, creative works (including but not limited to text, images, and/or photos) or other materials (“User Content”). You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that Auntie PhiPhi’s has no responsibility for, and makes no representations concerning, any User Content posted at this Website and will not be liable for any User Content that is in violation of these Terms of Use. With respect to all User Content that you post, you represent and warrant that: (i) the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at this Website (including but not limited to all copyright and right of publicity/privacy rights); (ii) such User Content will not infringe or violate the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the Terms of Use; (iii) no money will be owing to any party as a result of the posting or use of the User Content or its use as contemplated by these Terms of Use; and (iv) you will be responsible for all User Content submitted through your account, and for all purposes under these Terms of Use, all User Content submitted from your account shall be deemed to have been submitted by you.

Auntie PhiPhi’s expressly disclaims any and all liability in connection with any User Content. In connection with User Content posted at this Website, in addition to all other rights it has under this Agreement, at law or in equity, Auntie PhiPhi’s reserves the right, in its sole and absolute discretion, to remove without notice, or refuse to post in the first instance, any User Content.

Any private or public communications, including any User Content, sought to be posted at the Website must conform, in the sole and exclusive opinion of Auntie PhiPhi’s, to the following rules and standards. It must: (i) conform to all applicable laws, including intellectual property, privacy and defamation laws, (ii) be appropriate in the context of the general purposes of the Website; (ii) not be vulgar, derogatory, obscene, pornographic, patently offensive, defamatory hateful, abusive or promote racism or discrimination of any kind; (iii) not provide personal information, or solicit such information from any other user of the Website; (iv) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, “spamming,” “spimming” or “phishing;” (v) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; and (vi) not contain any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by these Terms of Use.

 

User Content License

After posting your User Content on or through the Website, you will continue to retain all ownership rights in such User Content except as specifically set forth herein. However, by posting any User Content on or through the Website, you hereby agree to abide by the Terms of Use and grant to Auntie PhiPhi’s a perpetual, irrevocable, nonexclusive, worldwide, royalty-free, fully paid, sublicensable (through multiple tiers) and transferable license to use, modify, publicly perform, publicly display, publish, republish, copy, broadcast, transmit, reproduce, edit, distort, aggregate, translate, reformat, prepare derivative works based upon, distribute and otherwise exploit such User Content, in whole or in part, in connection with the Website and the promotion and marketing of the Website and of Auntie PhiPhi’s and its related entities (collectively, the “Services”), and waive any and all moral rights you may have in such User Content. You also hereby grant each visitor a non-exclusive license to access your User Content through the Website, and to use, reproduce, distribute, display and perform such User Content as permitted by these Terms of Use. Further, you understand and agree that Auntie PhiPhi’s may retain, but not display, distribute or perform, server copies of User Content that has been deleted or removed. You understand that Auntie PhiPhi’s performs technical functions necessary to offer the Website and its Services, including but not limited to transcoding and/or reformatting content to allow its use through the Website. You agree that you will make no commercial use of any User Content obtained through this Site, without the express written agreement of Auntie PhiPhi’s.

 

Copyright Infringement Policy

Auntie PhiPhi’s values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, please contact us at auntiephiphis@gmail.com.

 

Additional/Different Terms

Certain pages or sections of this Website may contain Terms of Use of use which are in addition to or different from these Terms of Use. In the event that there is a conflict between such additional or different Terms of Use of use and these Terms of Use, the additional or different Terms of Use of use will govern with respect to the specific pages or sections to which they apply.

 

Limitation of Liability and Use Disclaimer

Auntie PhiPhi’s endeavors to make sure that all information and data it originates on the Website is accurate. However, Auntie PhiPhi’s is not responsible for any damages or loss related to the use of this Website.

THIS WEBSITE, ALL MATERIALS CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE, ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO REPRESENTATIONS WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. AUNTIE PHIPHI’S RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. AUNTIE PHIPHI’S SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

AUNTIE PHIPHI’S MAKES NO WARRANTIES OR REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF AUNTIE PHIPHI’S’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment.

Auntie PhiPhi’s is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.

Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, Auntie PhiPhi’s’s liability is limited to the greatest extent allowable under applicable law.

 

Indemnity

You will indemnify Auntie PhiPhi’s, and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify Auntie PhiPhi’s, shall survive beyond any term that these Terms of Use are in effect.

 

Electronic Communications

When you communicate with Auntie PhiPhi’s electronically, via email or otherwise, you consent to receive electronic communications from Auntie PhiPhi’s. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Auntie PhiPhi’s satisfy any legal requirement that such communication be in writing. Auntie PhiPhi’s encourages you to retain your own copies of relevant information, however, upon your written request, Auntie PhiPhi’s will provide you with a copy of the information you provided to Auntie PhiPhi’s. To make such a request please contact auntiephiphis@gmail.com.

With respect to all communications you make to or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Auntie PhiPhi’s shall have no obligation to protect your communications from disclosure; (ii) Auntie PhiPhi’s shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Auntie PhiPhi’s shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

 

Acquisition of Business

In the event that Auntie PhiPhi’s and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all rights of Auntie PhiPhi’s and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction.

 

US Export Controls

Software from or related to this Website (the “Software”) may be subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws.

 

Disputes and Governing Law

Use of this Website and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify, to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Auntie PhiPhi’s of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Auntie PhiPhi’s’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration and (i) if the dispute involves a US resident, the dispute shall be submitted to binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association, or (ii) if the dispute involves a Canadian resident, the dispute shall be submitted to binding arbitration in Ontario within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the Canadian Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

Under no circumstances will you be permitted to obtain awards for, and by accessing and/or using the site you waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and you further waive all rights to have damages multiplied or increased. Any and all claims, judgments, and awards shall be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

Notwithstanding anything to the contrary set forth in these Terms of Use, Auntie PhiPhi’s may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York, or in any province or the federal courts sitting in the province of Ontario, in the event that Auntie PhiPhi’s believes that there is a violation, or a threatened violation, of any of Auntie PhiPhi’s’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

 

Entire Agreement

These Terms of Use, including all documents and policies referenced herein, represent the entire understanding between Auntie PhiPhi’s and you regarding your use of this Website and supersede any prior statements or representations.

 

Contact Us

If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at auntiephiphis@gmail.com.