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Terms of Service of Floown

Terms of Service

Introduction

These Terms of Service apply to the entire contents of www.floown.com and any other site, web site or web address owned or operated by Floown B.V. (together “Website”) and the web or mobile phone applications “Floown” and its associated services (the “Service”).

 

These Terms of Service are issued by Floown B.V. (“Floown/we/us”), a Dutch limited liability company. These Terms of Service along with the Privacy Policy (https://floown.com/privacy-policy) are together “Terms” and apply to all visitors to the Website and users of the Service.

Any person accessing and/or using the Website or Service (collectively “Users” and individually a “User”), by virtue of such access and/or use, indicates his, her or its acceptance of these Terms of Service. Please read these Terms carefully.

1. Introduction

Use of the Service (or specific parts or features of it) will also be subject to such other guidelines or rules as we may post on the Website or Service from time to time (“Guidelines”). All such Guidelines form part of and are incorporated by reference into these Terms.

Your use of the Service, as an end-user is governed by the regulations outlined in this Terms of Service and all other policies, that you, as the end-user, are agreeing to, by your utilization of our Service. If you do not consent or disagree with any of the rules and regulations outlined in any of the end-user agreements, you must cease all use or utilization of our Service immediately.

We may revise these Terms (including the Guidelines) at any time by updating or replacing them. Users will be notified by email of any material change to the Terms. Your continued use of the Service and/or the Website constitutes agreement with and acceptance of any such amendment or other changes.

2. Ownership

The Website, Service and all content made available by Floown are owned and operated by us and is protected by all copyright laws and international treaty provisions. Except as provided in clause 2.2, the copyright and all other intellectual property rights in all material on the Website and Service (including photographs and graphical images) are owned by us or our licensors. Any reproduction or redistribution of the content, software and/or any other aspect of our products are expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Users may post or transmit to the Service copyright material or trademarks that they own (“User-Owned Content”). By submitting the User-Owned Content you grant us an irrevocable, perpetual, non-exclusive, assignable, royalty-free license to display, reproduce, publish, use, translate, create derivative works from, distribute, edit and modify your User-Owned Content (in whole or part) by any and all means throughout the world. Please note that in posting User-Owned Content onto the Service it may be publically available to other Users and its use by others cannot be controlled.

All trademarks (including the Floown logo) used on the Website and/or Service are owned by us or used with permission of their owner. You may not use or reproduce any of those trademarks without our or the relevant owner’s prior written agreement.

For the avoidance of doubt, subject to clauses 2.1, 2.2 and 2.3 above, the uploading party will retain all rights in and to User-Owned Content.

3. User Registration

Anyone may view the Website, but the Service is only available to Users. Only persons aged 16 and over may register as a User.

Each registration is for a single User only. Following registration, you must not share your password with any other person.

We reserve the right, in our absolute discretion and without liability to the applicable User, to suspend, impose restrictions on and/or terminate a User’s account and access to the Service and/or Website as a registered user.

A User’s access to the Service may be suspended, subject to the imposition of restrictions and/or terminated in the event that the User breaches any of these Terms. You acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations. For the avoidance of doubt, we reserve the right to take down any item of content or posting at any time for any reason.

4. Free trials

When payment is applicable, your Floown account may start with a free trial. The free trial period of your account lasts for one month, or as otherwise specified during sign-up and is intended to allow new users to try the service for free.

Free trial eligibility is determined at the sole discretion of Floown and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, a method of payment or an account email address used with an existing or recent Floown account to determine eligibility. For combinations with other offers, restrictions may apply.

We will charge your Payment Method for your monthly subscription fee at the end of the free trial period unless you cancel your use of the service prior to the end of the free trial period. To view the monthly subscription price and end date of your free trial period, visit our website or go to “Billing” in your account.

5 Payment

Prices of products and service subscriptions are subject to change without notice, and our current prices can be found on the Website. All prices are in Euros. You agree that until your paid User account subscription is terminated or expires, you will continue to remain responsible for the subscription payments, even if you do not use the Service. Subscription payments are non-refundable. If prices are changed we shall post new prices on the Website. All prices are inclusive of sales tax and/or VAT unless otherwise stated. Please note that use of the Service and/or Website may be subject to data charges imposed by your internet or mobile phone provider and you will be responsible for payment of any such charges. We use a third party payment processor. Any failure or difficulty in the execution of payments whilst using the Service or Website is strictly a matter between you and the payment processor and it should be contacted with any complaints or questions regarding the same. Further information regarding third-party payments processors can be found at https://floown.com/faq. Under no circumstance shall we be liable for any failure to make or received payments whilst using this service.

5.1 Acceptance

By placing any order for products or services you warrant that you are legally capable of entering into binding contracts and that you agree to be bound by these Terms.

5.2 Interpretation

The words “include”, “including”, “such as” and “for example” shall not have a restrictive meaning and shall be read as if followed by the words “but without limitation”.

5.3 Cancellation and Termination

The Team Owner (as defined during the sign-up procedure or in the team settings) is responsible for canceling the account, can cancel the Floown account at any time. Once canceled you will continue to have access to the Floown service through the end of your monthly or annual billing period, respectively.

To cancel, go to the Billing page and follow the instructions for cancellation. If you cancel your account it will automatically close at the end of your current billing period. Once you cancel your account you will lose access to all of your content, features, or capacity of your account, when your paid subscription has expired. Floown does not accept any liability for such loss, and Floown reserves the right to delete all such content as part of the standard operating procedures. If deleted, this content cannot be recovered once your account is canceled subsequent to you paid subscription ending.

5.4 Refunds

Due to the nature of online services, but to the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial month subscription periods or for the time when the service was not used. Nothing in these Terms affects your statutory rights. In order to be fair towards our entire user base, no exceptions will be made.

6. Floown Service

The Service will display the information you provided to other Users of the Service. When a connection is established between you and other Users, your personal information as well as theirs or data relating to availability, calendar or schedule, may be made available to other Users or other third parties.

6.1 Personal, Non-Commercial and Commercial Use Limitation

Unless direct written consent has been received our Service is to be used solely for your own personal and non-commercial use only. During your subscription, we grant you a limited, non-exclusive, non-transferable, license to access the Floown service and utilize it as intended. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You do not have the right to copy, modify, transmit, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, lease, or sell any information, software, products or services obtained from the Floown Service or our Website. We reserve the right to refuse service or use of our software to anyone, for any reason and at anytime it deems necessary.

6.2 No Unlawful or Prohibited Use

By using our Service you agree that you will not:

  1. use the Service for any purpose that is fraudulent, unlawful or prohibited by these Terms;
  2. use the Service in such a manner as would, in our sole discretion, cause harm to the Service or Users or otherwise interfere with the enjoyment or utility of the Service by others;
  3. attempt to gain access to the Service, Website or to any User data through hacking, password mining or any other means;
  4. attempt to obtain any materials or information not intentionally made public/available, through the Floown Website or Service;
  5. interfere or attempt to interfere with the proper working of the Service or Website; or falsify any information you have provided to us.

No part of the Service may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written consent.

6.3 User-Generated Content and Posting Rules

You are prohibited from posting or transmitting to or from the Service any material that we deem in our complete discretion as inappropriate (“Inappropriate Content”), including but not limited to discriminatory, unlawful, infringing, hateful or explicit content.

Please note that we will co-operate with any law enforcement authorities or court order requesting or directing us to disclose or identify or locate anyone posting any Inappropriate User-Owned Content.

All content on the Service is moderated and we may, in our absolute discretion remove or edit any User-Owned Content without liability to any User.

We shall not have any liability to you or any other person for any loss or damage suffered as a result of you or that person relying on or acting upon content on the Service and/or the Service generally, including without limitation the availability of any employee to perform services or employer to provide paid work.

You agree not, at any time, to disclose any personal contact information of any other User.

6.4 Use of Client Logos and Business Names

Your use of the Floown Services is your consent to allow us to use your business name and business logos for our promotional purposes. Floown will only use this information as it relates to your use of our services within the scope of this Terms of Service.

6.5 Service Access/ Software Malfunction or Website Interruption

While we work hard to ensure that the Service is normally available 24 hours a day, we shall not be liable if for any reason the Website or Service is unavailable at any time or for any period for reasons of cyber-attack, technical difficulties or otherwise.

Access to the Service and/or Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

6.6 Termination / Access Restriction

These terms constitute the entire agreement between Floown and you with respect to your use of our Website and Service. We may immediately terminate any user’s access to or use of our Website or Service due to such user’s breach of these Terms of Service or other unauthorized use of the Website or Service. Any cause of action you may have hereunder or with respect to your use of the Website or Service must be commenced within one (1) year after the claim or cause of action arises. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of any such right or provision.

6.7 Bookings made through the Service

Please note that where the Service allows Users to invite other Users for an event, in each instance, the User may be transferring personal information to the other User.

7. Release And Indemnity

Without limiting any of our rights or remedies, you agree to indemnify us for any loss or damage that may be incurred by us, including legal fees, arising from your use of the Service, the posting of any material to the Service or its transmission via the Service, your linking to the Service, your breach of any provision of the Terms, your use of any information obtained through the Service and/or otherwise as a result of you accessing the Service or any third party content accessed via any link from the Service.

7.1 Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control.

8. Passwords & Account access

As a user who created a Floown account, you are responsible for maintaining the privacy of the account and password. As the Account Owner you should maintain control over any devices that are used to access the service and not reveal the password. In case you have provided any payment details associated with the account, you should not share any details regarding the payment method with anyone.

You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Floown or our partners from identity theft or other fraudulent activity.

You are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any breach of security or unauthorized use of your account. Floown is not liable for any loss that may occur due to the unauthorized, or authorized use of your account or password, with or without your knowledge.

You, can however, be held responsible for any loss that Floown may incur due to the authorized or unauthorized use of your account or password with or without your knowledge. You also agree to not use anyone else’s account at any time, unless you have received direct written consent from the account holder to do so.

9. Disclaimer and Liability

We do not warrant the accuracy and completeness of any of the content of the Service and any and all such content and/or the format of that content may be changed at any time without notice. Please note that material on the Service may be out of date, and we make no commitment to update such material.

The content of the Service is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, all representations, warranties, conditions and other terms (including conditions implied by law) which, but for these Terms, might have effect in relation to the Service and its content are expressly excluded. Specifically, we do not represent or warrant that the Service or its content will be free of defects, including viruses or other harmful elements.

We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website and/or its moderation), and our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including negligence), contract or otherwise) in connection with the Service in any way or in connection with the use, inability to use or the results of use of the Service, any websites linked to the Service or the material on such websites, including loss or damage due to viruses or other malware that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or Service or any websites linked to the Service.

Any engagement or working relationship entered into and/or facilitated by the Service is strictly between the Users and we make no undertaking or warranties as to the availability, quality or status of the work opportunity provided by any of the Users or the services provided (or prompt attendance) by any of the Users. Floown is expressly excluded from any contractual relationship entered into between the parties and is under no circumstances an agent, representative or partner of any User and makes no representations or guarantees as to the legitimacy or legality of any such relationship. By registering with and using the Service you hereby warrant, represent and undertake that as a:

Floown Planner User, you comply with (and will continue to comply will) all applicable employment law and related workplace legislation (including, without limitation, legislation relating to health and safety, equality and discrimination, tax and relevant insurance requirements); or you have the legal right to work in the relevant territory for the relevant Floown Planner User for the duration of your engagement.

If your use of the Service and/or any material on the Service results in the need for servicing, repair or correction of equipment, software or data, you shall be solely responsible for all costs of the same.

9.1 Links to and from other websites

Links to any third party websites on the Service or Website are provided solely for your convenience. If you use these links, you leave the Service or Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Service or Website, you do so entirely at your own risk. Please note that each third party website may have Terms of Service that apply to your use of the relevant website.

10. Claims of Infringement

In case you believe that your intellectual property rights have been violated or your work has been copied in any way, please contact us for notice of claims of copyright or other intellectual property infringement at info@floown.com.

11. Governing law, jurisdiction and forum provisions

These Terms shall be governed by and construed in accordance with Dutch Law. You hereby consent that disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in The Hague (The Netherlands). Floown makes an effort to comply with all legal requirements known to it while crafting and maintaining its Website and Service, but will not state that materials on them are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws in your own jurisdiction, any use in contravention of this provision or any provision of these Terms is at your own risk.

12. Severability

If any provision of the Terms shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the validity, legality and enforceability of the remaining provisions shall still remain valid and continue in full force and effect.

13. Customer support

To obtain more information about our service and its features or if you need assistance with your account, please contact us at support@floown.com. In the event of any conflict between these Terms of Service and information provided by Customer Support or other portions of our website, these Terms of Service will be leading.

14. Changes to Terms of Service

Floown may, from time to time, change these Terms of Service. The Floown Website and Service, at its sole discretion, may change the Terms of Service, conditions and operation of this Website and Service at anytime without notice to you. By using our website and/or Service, you agree to these Terms, including any modifications we make, and further waive any rights or claims you may have against us.

15. Electronic Communications

We will send you information relating to your account (such as invoices, password recovery or notifications and confirmation messages) in electronic form only, per email to the email address you have provided. We will not send any physical copies of any of these communications.

Contact Information

If you have any questions about the Terms and/or how they apply to you, please email: info@floown.com

September 5, 2017