PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SUBSCRIBING OR OTHERWISE USING THE SERVICE.
Access to and use of this website ("Website") operated by Flow 33 UK Limited ("Company", "We", "Our" or "Us") and the purchase of products and services available through this website (collectively, the "Service") are subject to the following terms and conditions ("Terms").
You, as a user of the Services, must accept these Terms, which form a binding legal agreement between you and Us. If you do not agree to be bound by these Terms, do not access or use the Website and/or the Service.
Note that some countries and jurisdictions do not allow certain terms in contracts with consumers and as a result a certain parts of these Terms may not apply to you.
Unless expressly specified otherwise, all provisions of these Terms shall apply for the benefit of: (a) Company`s shareholders, officers, directors, employees, consultants, agents, representatives, subsidiaries and/or affiliates and any of the aforementioned parties` successors and assigns; (b) any entity controlling Company; (c) any entity controlled by Company; and (d) any entity in common control with Company.
Terms in these Terms appearing in the singular form shall include the plural form, and vice versa, and terms appearing in the masculine, feminine or neuter forms shall include all other forms, unless expressly set forth otherwise.
In order to use the Service, you must complete the membership registration form. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form ("Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it accurate and current.
During the registration process, you will also be asked to provide a user name and password in connection with your use of the Service. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name or password of any other User at any time. You agree to notify Us immediately of any unauthorized use of your account, user name or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.
2. Access to the Website and use of the Service
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts or all of the Website.
We may offer the Service through various applications, such as computer, web or mobile phone applications ("Application" or "Applications", as the case may be). If you use an Application, you agree that information about you and your use of the Service, Applications, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location and/or web pages containing Our plug-ins that load in your browser may be communicated to Us. Further, by importing any of your Service data through the Applications, you represent that you have authority to share the transferred data with your mobile carrier or other access provider.
4. Terms Updates
We reserve the right, in Our sole discretion, to change these Terms ("Updated Terms") from time to time. When We will perform changes to these Terms which shall adversely affect on your rights and obligations, We will ask for your approval for the Updated Terms. You agree that We may notify you of the Updated Terms by posting them on the Service, and your continued use of the Service after the effective date of the Updated Terms constitutes your agreement to all terms and conditions of the Updated Terms. We encourage you to review any Updated Terms before providing your approval so you could be informed of any change or modification to your rights and/or obligations. If you do not agree to be bound by all the provisions of the Updated Terms, you should deactivate your account (no penalty shall apply to you if you'll choose to close your account for this reason). Please note that your approval for the Updated Terms shall be deemed as your full acceptance of the Updated Terms, with no exception.
The Updated Terms will be effective as of the time of posting, or on such later time as may be specified in the Updated Terms, and shall apply to your use of the Service from that point onward.
5. Terms of Sale
5.1. By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
5.2. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which We will not be responsible.
5.3. In order to contract with Us, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to Us. When placing an order you undertake that all details you provide to Us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
5.4. We retain the right to refuse any request made by you, and reserve the right to close your account at Our sole discretion.
5.5. Whilst We try to ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If We discover an error in the price of any goods which you have ordered We will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If We are unable to contact you We will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition;
5.6. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance or an approval of your order. A contract between us for the purchase of the goods will not be formed until your order and your payment have been approved by Us and we have debited your credit or debit card.
5.7. Upon receiving your order We carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
5.8. At our sole discretion, We may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.
5.9. We may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
5.10. If We do not deliver or if the products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
5.10.1. make good any shortage or non-delivery or incorrect delivery; or
5.10.2. replace or repair any products that are damaged or defective; or
5.10.3. refund to you the amount paid by you for the products in question.
5.11. You are entitled to return unsuitable products purchased through the Service within 14 days of the date shown on the dispatch note. All returned products must be unused and in their original packaging. Returns must be made at your own cost.
5.12. We aim to process your return as soon as possible, but on occasions it may take up to 21 days for your refund to be processed after you have returned the product to Us. If you have not been refunded after 30 days of returning the product, please contact Us with the proof of postage information from your return carrier receipt.
5.13. If you are a consumer, the Services are provided to you solely for domestic and private use. You agree not to use the Services for any commercial or business purposes, and We shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
5.14. We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the products.
6. User Conduct
6.1. You acknowledge that you are at least of legal age allowing you to perform transactions in your country of residency, in order to use the Service, and in any way not under the age of eighteen (18). If you are younger - any use by you in the Service shall be considered an unauthorized use and a breach of the Agreement, and shall entitle Us, without derogating from all other remedies available to Us by law or in agreement, to terminate you as a User forthwith.
6.2. You shall be solely responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights to any third party. You agree that you will not create an account for anyone other than yourself.
6.3. You shall further be solely responsible for all telephone, computer, modem and other equipment and software necessary to access and use the Service, and for all charges necessary or applicable for such access and use.
6.4. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Content, including but not limited to, intellectual property rights and privacy protection laws.
6.5. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or with Company.
6.6. You agree that you will not interrupt, disrupt, alter, destroy, impair, restrict, tamper or otherwise affect the proper operation of the Service in any way, including, without limitation, through the use of any malicious or unauthorized code, virus, worm, trojan horse, spyware, malware or any other destructive or disruptive means or technologies. You may not inject content or code or otherwise alter or interfere with the way any page is displayed in a User's browser or device.
6.7. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
6.8. You must not misrepresent and/or provide false or misleading information, including but not limited to, cloaking or altering the information, including identification of the source, time and location any contact was made with the Service via the Internet.
6.9. You shall not attempt to restrict another User from using or enjoying the Service and you must not encourage or facilitate violations of these Terms.
7. Company Content
7.1. The Service contains content solely and exclusively owned by, or licensed to, Company ("Company Content"). Company Content is protected by copyright, trademark, patent, trade secret and other intellectual property rights, and Company owns and retains all rights and title in and to the Company Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights incorporated in or accompanying the Company Content and you will not reproduce, modify, reverse engineer, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Company Content.
7.2. The Company name and logo are copyrighted to Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company. In addition, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Company, and may not be copied, imitated or used, in whole or in part, without prior written permission from Company.
7.3. You agree that you shall not perform, either directly or indirectly, any act or omission which may in any way jeopardize or adversely affect the validity or enforceability of, or otherwise infringe or misappropriate, any of Our rights, titles and interests in and to the the Application, the Service, Company Content, its software, the Information, including but not limited to, its components and methods, all information provided by the Service, or any intellectual property and any property and proprietary rights related thereto (jointly "Company Rights").
7.4. Company Content may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to the Service. Company shall not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to provide the Service affected by such inaccuracies. Company reserves the right to make changes, corrections, cancellations and/or improvements to the Company Content, and to the Services described in such information, at any time without notice, including after confirmation of a certain transaction.
9. General Terms & Conditions
9.1. You can deactivate your account by logging into the Service and following the instructions appearing in it. If We terminate your access to the Service, your user content and all other data will no longer be accessible through your account;
9.2. Users who violate any of the provisions of these Terms shall be subject to having their account revoked and/or be excluded from the Service, and shall not be entitled to any refund whatsoever. We reserve the right to refuse access to the Service to anyone for any reason at any time, and you hereby waive and shall be prevented from raising any claim and/or demand from Us in this respect.
10. Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE COMPANY CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE, NOR ANY PARENT, SUBSIDIARY OR CONTROLLED ENTITY, OR ANY OF THEIR EMPLOYEES, SHAREHOLDERS, DIRECTORS, MANAGERS, OFFICERS OR CONSULTANTS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE OR (B) COMPANY CONTENT; IN ADDITION, COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES.
COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES. IN SUCH JURISDICTION THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND TO THESE TERMS.
11. Limitation of Liability; Waiver
SOME COUNTRIES AND JURISDICTIONS MAY NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL COMPANY PARTIES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THE SERVICE, THE APPLICATIONS AND THIS AGREEMENT, WHETHER OR NOT FORESEEABLE AND WHETHER THE COMPANY PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR TOTAL LOSS OF THE SERVICE).
WITHOUT DEROGATING FROM THE PROVISIONS OF SECTIONS 5.13 ABOVE AND/OR ANY OTHER LIMITATION OF LIBILITY SPECIFIED IN THESE TERMS, IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH JURISDICTIONS THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
You and anyone acting in your name and on your behalf, agree to defend (at Our request), indemnify and hold the Company Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your access to or use of the Service; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by the Company Parties in the defense of any claim. Company Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the Company Parties.
13. Governing Law; Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales. The competent courts located in England and Wales shall have sole and exclusive jurisdiction with respect to any dispute arising from the performance or interpretation of these Terms. You acknowledge that these Terms will specifically not be governed by the United Nations convention on contracts for the international sale of goods, if otherwise applicable.
Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the terms and conditions or other matters by displaying such notices or links to revised terms and conditions on the Service. Notice to Us may be made by registered mail to: The White House, 2 Meadrow, Godalming, Surrey, GU7 3HN, United Kingdom. Delivery by facsimile or electronic mail shall be sufficient and be deemed to have occurred upon electronic confirmation or receipt.
15. Territorial Restrictions
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that We provide.