Terms and conditions – [FlowerTools]

Terms and conditions

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Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology shall apply to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “The Client”, “You” and “Your” shall refer to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, shall refer to our Company, the owner of the website. “Party”, “Parties”, or “Us”, shall refer to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement

The Company undertakes to protect your data privacy. Only authorized Company’s employees on a need-to-know basis can use the information collected from individual clients. We permanently check our systems and data to provide the best possible service to our clients. Unauthorized actions against computer systems and data are punishable by law. We shall investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible parties.

Confidentiality

We are registered under the Data Protection Act 1998 and as such, any information regarding the Client and their respective Client Records may be passed to third parties. However, the Client Records are regarded as confidential and therefore shall not be disclosed to any third party, other than if legally required to do so to the relevant authorities. Clients have the right to request copies of any and all the Client Records kept by us, under the condition that we are given reasonable notice of such a request. Clients are requested to keep copies of any documents issued in respect of our services provided. Where appropriate, we shall provide the Clients with relevant written information, handouts or copies of records.
We undertake not to sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. The Company undertakes to send the emails only connected with the provision of agreed services and products.

Disclaimer Notice

Exclusions and Limitations
The information contained in this website is for general information purposes only and is provided on an “as is” basis. To the fullest extent permitted by law, the Company shall exclude:
– all representations and warranties relating to this website and its contents or which are or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s documents; and
– all liability for damages arising out of or in connection with your use of this site. This includes, with no restriction, direct loss, loss of business or profits, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
The Company shall not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations shall apply only to the extent permitted by law. None of your statutory rights as a consumer shall be affected.

Cancellation Policy

Minimum 24 hours prior notice of cancellation is obligatory. Notification for instance, in person, via email, SMS and/or fax, or by any other means, shall be accepted subject to confirmation in writing.

Termination of Agreements and Refund Policy
Both the Client and the Company have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No monies shall be refunded in the case a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us, which constitute payment in respect of the provision of unused Services, shall be refunded.

Availability

Unless otherwise stated, the services featured on this website shall be only available within Ukraine, or with regard to postings from Ukraine. All advertising is intended solely for the Ukrainian market. The Client shall be solely responsible for assessing the conformity for a particular purpose of any downloads, programs or texts available on this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company shall not guarantee that any service rendered via this site shall be uninterrupted, timely or error-free, although it shall be provided to the best of its ability. By using the service, the Client thereby indemnifies the Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your express permission.

Cookies

Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies. [If you do not use cookies, delete this clause]

Links

The Client should not generate a link to any page of this website without our prior written consent. The Company does not monitor or review the content of other party’s websites which are linked to/from this website. We are not responsible for the privacy practices or content of these sites. The Client should independently assess the security and trustworthiness of any other site linked to this site, before disclosing any personal information. The Company shall not be responsible for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure of personal information to third parties.

Copyright Notice

Copyright and other relevant intellectual property rights apply to all the texts referring to the Company’s services and to the full content of this website.
The Company’s logo is a registered trademark of this Company in Ukraine and other countries. The brand names and specific services of the Company featured on this website are trademarked.

Communication

The Company has a number of e-mail addresses for various requests. You can find our contact information at Our Contacts page of the website or via the Company’s office/mobile telephone or fax.
The Company is registered in Ukraine, 02002, Kyiv, 2b Mykilsko-Slobidska Str.

Force Majeure

Neither Party shall be liable to the other for any failure of or delay in the performance of any of its obligations under any Agreement if its failure or delay is due to the occurrence of a force majeure event, including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General Provisions

These Terms and Conditions are governed by applicable English law. By accessing this website [and using our services/buying our products] you consent to these Terms and Conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be removed from these Terms and Conditions and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company. These Terms and Conditions form part of the Agreement between the Client and the Company.

Notification of Changes

The Company reserves the right to periodically modify these conditions at its discretion and the Client’s continued use of the site will signify his acceptance of any adjustment to these terms.

Final Provisions

By accessing this website and/or undertaking an Agreement, you confirm your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights shall be unaffected.

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