1. Terms
Creation and use of an account on this mobile website application ("the Application") signifies your agreement with these Terms of Use and all applicable laws and regulations. If you do not agree with any of these terms, you are strictly prohibited from using or accessing the Application. The materials contained in the Application are fully protected by applicable copyright and trademark law.
2. General
Flowtab has the right at any time to change or discontinue any aspect or feature of its products including, without limitation, its content and hours of availability. The Flowtab merchant network is solely a facilitator of communications between Flowtab merchant members ("Merchant Members") and users. Flowtab is in no way responsible for the quality of goods or services offered by its Merchant Members.
3. Availability of Services
Flowtab is in no way responsible for any network limitations. In the event your network provider fails to deliver any communication to Flowtab or to one of its merchants in a timely fashion due to, but not limited to, mobile network failure or non-compatibility of your phone model with the Application, you acknowledge and agree that neither Flowtab nor its Merchant Members shall be liable for any losses or damages. In addition and without limiting the foregoing, in no event will Flowtab or its Merchant Members be liable for any error by you in using the Application, including accidental submission of an order or other message.
4. Modification of Services
Both Flowtab and its Merchant Members reserve the right, in their sole discretion, to modify the Application at any moment without notice, including the addition, subtraction or modification of products ("the Products"), inventory and prices. Neither Flowtab nor its Merchant Members shall any liability to you for any modification or discontinuation of services in the Application. If you object to any such changes, your sole recourse shall be to cease using the Application. Continued use of the Application following any such changes shall indicate your full acknowledgment of such changes and satisfaction with the Application and its services as so modified.
5. Account Information
Flowtab is permitted to provide its Merchant Members with access to any information you provide Flowtab, including your first and last name, email address and phone number. Flowtab is not permitted to provide its Merchant Members with your 4-digit PIN passcode. By providing your email address, you are agreeing to receive promotional emails from Flowtab. If you wish to be removed from our email list, just send us an email at support@flowtab.com to unsubscribe.
6. Payments and Billing
You acknowledge and agree that you are responsible for paying the full cost of any order placed on your phone, regardless of whether you actually pick up the Products. You assume all liability for any and all charges made from your account. The prices of the Products are subject to change without notice. In addition, you agree to pay all fees charged by your Carrier in connection with your use of the Application. You acknowledge and agree that these rates depend on the applicable Carrier and your personal subscription package with that Carrier. Please be advised that Flowtab charges an additional 3% merchant processing fee and a 5.5% service fee on every order, making the Products sold through the Application approximately more expensive than those sold by the Merchant Members without the use of the Application.
7. Refunds and Returns
Flowtab is simply a facilitator of transactions. In the event of a dispute over payment, the appropriate Merchant Member is fully responsible for any and all refunds and chargebacks. Flowtab's Merchant Members reserve the right to refuse service to any individual at any time, for any reason. In the event of refused service, it is the sole responsibility of the Merchant Member to void your order if, and only if, you have made a fair and honest effort to pick up the Products. If for any reason you have placed an order in error and are unable to pick up your order, you may email Flowtab at support@flowtab.com or contact the Merchant Member directly and request that your order be voided. However, no guarantees can be made that your order will be voided, in which case you are still responsible for paying the full cost of the order.
8. Termination
Both Flowtab and its Merchant Members reserve the right to limit your access to the Application at any time, for any reason. Your Flowtab account can and will be terminated if you "no-show" for five orders within the same twelve-month period.
9. Pricing
The information regarding price, product specifications and availability contained on this Application has been provided by the best of our knowledge. But we make no guarantees that the prices charged by Flowtab are the same as the prices charged by their brick-and-mortar stores at the time an order is placed. While Flowtab has undertaken measures to confirm the accuracy of the information contained on this Application, mistakes can be made, due both to inaccurate reporting of accurate information and accurately reporting of inaccurate information. Flowtab does not make any representations as to the timeliness, accuracy, reliability or completeness of any of the information contained in this Application. If you become aware that our site contains inaccurate information, please let us know by contacting us.
10. Restrictions on Use
The Application contains copyrighted material, trademarks and other proprietary information including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the Application are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the content of this Application, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Flowtab, Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
11. Limitation of Liability
You expressly agree that use of this Application is at your sole risk. Neither Flowtab, its Merchant Members, nor any member of either party's employees, affiliates, agents, partners and/or content providers warrant that the Application will be uninterrupted or error-free, nor do they make any warranty as to the results that may be obtained from the use of this Application. Neither Flowtab, its Merchant Members, nor any member of the aforementioned parties can at any time be held liable for any direct, indirect, incidental or consequential damages, demands, claims, actions, costs, liabilities, losses and/or expenses (including reasonable attorney fees) arising out of the use or inability to use the Application or any of its associated services. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages in some cases, so the above limitation or exclusion may not apply to you. In no event shall Flowtab's total liability to you for all damages, losses and causes of action, whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing this Application.
The site is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Additionally, there are no warranties as to the results obtained from the use of this site. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this site, whether for breach of contract, tortuous behavior (including strict liability), negligence, or under any other cause of action.
12. Miscellaneous
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of California and the State of Delaware without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience and organization purposes only and shall not be given any legal importance.
Feel free to contact us with any questions at team@flowtab.com.