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Flickdot.com (Flickdot.com, “we”, “us” or “our”) owns and operates the website registered at the address
www.flickdot.com (hereafter Website) and by registering to use the services offered on this Website (hereafter “Services”) to electronically order and pay for products (hereafter “Products”) supplied by third party vendors, you are bound by a legal agreement to the following terms and conditions (hereafter “Use”). Please do not Use this Website if you do not agree with the terms and conditions, or with the terms and conditions of our Privacy Policy. |
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1. ELECTRONIC REQUIREMENTS FOR COMMUNICATION
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In order to Use this Website, you must be able to communicate with us electronically. This means that you have access to and are able to browse and use the internet to place orders electronically. |
1.1 USE OF WEBSITE
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If you want to Use this Website, you confirm that you know how to use the internet and know how to send and receive SMS text messages. You confirm that you understand that messages sent by email or SMS text are not guaranteed and are available on an “as is” and “as available” basis. |
1.2 INTERNET PROVIDER
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You confirm that there is no guarantee that your web-based browsing is continually accessible and that your access to the internet may differ depending on your internet provider and their ability to support our Website. We take no responsibility for the act, omission, limitations imposed or ability or lack of ability of your internet provider to enable you to Use our Website. |
1.3 MOBILE NETWORK PROVIDER
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You confirm that there is no guarantee on the delivery of your SMS messages and that the access of your mobile phone may differ depending on your network provider and on their ability to support our Website. We are not responsible for any limitations you have on the internet. If your internet provider fails to deliver any communication to us or to a provider of any Products or Services on time, due to, but not limited to, a network failure or because your phone model is in incompatible with our Website, you confirm that we are not liable for any loss or damage. In addition and without limiting the foregoing, in any event, we not liable for any errors you make by the incorrect Use of our Website, including sending orders or other messages to the wrong number or short code. |
2. PAYMENT & BILLING
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You confirm and agree that when you Use the Website to place an order, the total cost of each order will be taken directly from your credit or debit card and you accept that prices may change without notice. You confirm that any order sent from your mobile phone number in the form of an SMS text or any email from your internet web browser authorizes us to charge the full amount to your credit or debit card and that you are responsible for all liability and will pay all charges promptly. Without limiting the foregoing, you confirm that you will pay the charges for all orders placed from your account, regardless of whether or not you personally placed the order, and regardless of whether you actually receive your order or not. Furthermore, you confirm that you will pay all fees charged by your internet provider and your mobile network provider in relation to your Use of our Website and you, solely, are responsible for paying for the cost of using their services. You must not allow anyone else to use your details (including your password).
You expressly acknowledge and agree that your Use of our Website merely facilitates the placing of orders by you for Products and services supplied by third party vendors. If you have any comments or issues about the provision or quality of such Products or services, that is a matter between you and the supplier of those Products or services.
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3. LIMITATIONS TO THE USE OF THE WEBSITE
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As a user of this website, you are not permitted to attempt or authorize, encourage, or support attempts by others, to decrypt, reverse engineer, break, circumvent or otherwise alter or interfere with the Website. You confirm that you will inform us immediately of any such unauthorized activities. You confirm that the Website is for your personal Use only and confirm that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any part of the Website or orders that may be made through the Website. We are not liable for any claims, actions, damages, or other liability incurred due to any unauthorized Use of your account or the Website, and you confirm that you are fully liable for any such unauthorized access. |
4. DISCLAIMER OF WARRANTIES
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The Website is provided on an "as is" and "as available" basis and we expressly disclaim all warranties of any kind, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement. We make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free. We do not warrant, guarantee, or make any representations regarding the Use or the results of the Use of the Website with respect to performance, accuracy, reliability, security capability, timelines or otherwise. No advice or information, whether oral or written, obtained by you from us or through the services shall create any warranty not expressly made herein. You understand and agree that any orders you obtain through Use of the services is done at your own discretion and risk, and we makes no warranty regarding any dealings with or transactions entered into with any other parties through the services. The entire risk as to satisfactory quality, performance, accuracy, efforts and results to be obtained through the Use of the sites or the services is with you. You expressly agree that any Use of the services on our Website is at your own risk.
If you have cause to complain about any of the Products obtained through your use of the services, or of any supplier of any such Products you expressly agree that you have no right of redress or remedy against Us. |
5. LIMITATION OF LIABILITY
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Under the extent permitted by English law, you understand that in no event will we or our officers, directors, employees, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of revenues, profits, goodwill, use, data or other intangible losses (even if such parties were advised of the possibility of such damages), arising out of or related to your Use of the Website or Service, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. The parties acknowledge that the terms of this section reflect the allocation of risk set forth in this Agreement and that the parties would not enter into this Agreement without these limitations of liability. The aggregate liability of Flickdot.com to you for all claims arising from or related to the Website or Service shall in no circumstances exceed a sum equal to the greater of (a) $10 or (b) 110% of any aggregate amount paid by you to us in the 12 months preceding any cause of action arising. The limitation of liability has effect in relation both to any liability expressly provided for under this Agreement and to any liability arising by reason of the invalidity or unenforceability of any term of this Agreement. |
6. INDEMNIFICATION
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You agree to indemnify, defend and hold harmless Flickdot.com, its agents, employees, representatives, licensors, affiliates, officers, directors, and partners, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable legal fees and court costs) resulting or arising from any third-party claim in connection with |
| 6.1 |
Your Use of or access to the Website.
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| 6.2 |
Any information you or anyone accessing the Website using your password submit or transmit through the Website.
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| 6.3 |
Your infringement of any rights of any third party.
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| 6.4 |
Your infringement of this Agreement.
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| 6.5 |
Any programming you enter on the Website that is harmful and dangerous including spyware, trojan horses, cancelbots, worms, time bombs and viruses.
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7. MODIFICATION OF AGREEMENT
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This Agreement is subject to modifications and any changes made to the terms and conditions of the Agreement will be accessible on the Website. You confirm that you are bound by any such modifications of the Agreement and must not Use the Website if do not agree with any changes. Your continued Use of the Services following posting of such modifications indicates that you accept and agree to the modifications and confirm that you are bound by the modified terms and conditions. |
7.1 MODIFICATION OF SERVICES
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We reserve the right, in its sole discretion, to modify the Website from time to time and without notice, including by removing, adding, or modifying Products or Services and/or third-party suppliers. We shall have no liability to you for any modification or discontinuation of the Website. If you object to any such changes, you must not Use the Website as continued Use following any such changes confirms that you agree to such changes and are satisfied with the modified Website. |
8. PRIVACY
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When you register on the Website, you have to supply Personal Information, which includes your name, e-mail address, passwords, billing and delivery addresses, phone numbers, credit or debit card information. We have an unrestricted right to collect and use any Personal Information you provide in connection with the Website. If you Use our Website, you confirm that you accept the terms and conditions of our Privacy Policy. You must not Use our Website if you do not agree with how your information will be used. Our full Privacy Policy can be found on our Website. |
9. INTELLECTUAL PROPERTY
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Our Website contains or comprises copyrighted and/or proprietary subject matter that is owned by us and/or our licensors. All such material is protected by relevant intellectual property laws, including copyright and/or trade secret laws. Without limiting anything herein, the material may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any applicable third-party entity. You must abide by all copyright notices, information or restrictions contained in or attached to any communication between you and us. In addition and without limiting the foregoing, all trademarks, service marks, trade names, domain names, slogans, logos, designs, (including the “look and feel” and other visual or non-literal elements) and other branding that appears on or in connection with the Website and Service whether registered or unregistered are the property of Flickdot.com and/or its affiliates, partners, licensors and/or licensees. Ownership of all branding and associated goodwill therein remains with Flickdot.com or those other entities and you are not authorized to use any branding. |
10. TERMINATION
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We reserve the right to suspend your Use of our Website or may terminate this Agreement with immediate effect and without any notice to you if
| 10.1 |
Your Use of the Website results in you sending incorrect orders from your account or anything to do with your account, including but not limited to duplicating order items or incorrect or invalid SMS orders.
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| 10.2 |
Your Use of the Website results in excessive charge backs on the credit card linked to your account.
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| 10.3 |
You fail to promptly pay any amounts you owe.
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| 10.4 |
You infringe the terms and conditions of this Agreement.
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If we terminate your account, you may have to pay a fee to reactivate your account. You agree that we shall not be liable to you for any termination of this agreement or of your Use of the Website. You can stop your Use of the Website at any time and can let us know at
service@flickdot.com.
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11. GOVERNING LAW
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All claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your Use of this site and any and all other Flickdot.com. site(s), shall be submitted exclusively to the jurisdiction of English Courts. |
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