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terms_of_use_floox_free.html
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<!DOCTYPE html>
<html>
<head>
<meta charset='utf-8'>
<meta name='viewport' content='width=device-width'>
<title>Privacy Policy</title>
<style> body { font-family: 'Helvetica Neue', Helvetica, Arial, sans-serif; padding:1em; } </style>
</head>
<body>
<h2>Terms of Use</h2>
<ol class="numeric-decimals">
<li>Introduction
<ol>
<li>These terms and conditions (the <b>Terms</b>) set out the basis on which you may browse and use our FLOOX reader application (<b>App</b>). They also apply to any subscription to the content, products and services available on the App (<b>Content</b>).</li>
<li>The App is owned and operated by Anton Lastochkin, registered address at 40 Lo Tik Wan, Lamma Island, Hong Kong (<b>we</b>, <b>us</b> or <b>our</b>).</li>
<li>Your use of the App will be governed by these Terms and any other documents contained in these Terms, which will form a legal contract between us and you. By browsing or using the App you are agreeing to be legally bound by the Terms.</li>
<li>If you would like to contact us for any reason please do so using the following details:
<p>Address: 40 Lo Tik Wan, Lamma Island, Hong Kong<br>
Email: <a href="mailto:[email protected]">[email protected]</a><br>
Tel: +852 6157 3448</p>
</li>
</ol>
</li>
<li>Changes to the Terms
<ol>
<li>We may revise the Terms from time to time in the event that there are changes in relevant laws and regulatory requirements or there are changes to our business practices.</li>
<li>If you are an existing subscriber we will notify you and give you reasonable advance notice of any changes to these Terms before they take effect and let you know how to cancel a subscription if you are not happy with the changes.</li>
<li>Your use of the App will be subject to the most recent version of the Terms available on the App. We recommend that you read through the Terms available on the App regularly so that you can be sure that you are aware of any changes that may apply to you.</li>
</ol>
</li>
<li>Access and use of the App
<ol>
<li>The App is currently made available to you for your personal, non-commercial and commercial use.</li>
<li>Access to the App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the App without notice to you.</li>
<li>You are responsible for making all arrangements necessary for you to have access to the App.</li>
<li>You are responsible for ensuring that all persons who access the App are aware of these Terms and other applicable terms and conditions, and that they comply with them.</li></ol>
</li>
<li>Prices and Payment
<ol>
<li>There is currently no charge to download the App. Access to the App without advertisements shall require you to purchase a subscription from the App.</li>
<li>We offer recurring one year subscription, and may offer different subscription options in future. For the purposes of these Terms, one month constitutes 30 calendar days, one year constitutes 365 calendar days and two years constitutes 730 calendar days.</li>
<li>One year subscriptions shall be paid in advance by a one-off payment with automatic one year renewals. You acknowledge and agree that we are authorised to charge the same credit card or other payment method as was used for the initial subscription fee at the rate secured at the time of purchase or at a rate notified by us to you in reasonable time in advance of renewal. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee. Refunds cannot be claimed for any partial subscription period.</li>
<li>Please ensure that you read these Terms carefully, and check that the details in your subscription order are complete and accurate, before you submit the order. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.</li>
</ol></li>
<li>Cancellation and Refunds
<ol>
<li>You may cancel auto-renewal of a monthly subscription at any time through the Apple App Store application.</li>
</ol></li>
<li>Intellectual property rights
<ol>
<li>We are the owner or the licensee of all intellectual property rights in the App.</li>
</ol></li>
<li>Data protection and privacy
<ol>
<li>Any personal information that we collect from you as you browse and use the App will be used in accordance with our privacy policy. To find out more about the data we collect from you and how we use it please read our privacy policy available <a href="/privacy_policy_floox_free.html">here</a>.</li>
<li>By accepting the Terms you also consent to our use of your personal data in accordance with our Privacy Policy.</li>
</ol></li>
<li>Complaints or Queries
<ol>
<li>If you have any queries or complaints about the App, please contact us using the contact information as detailed in Clause 1.4. We will use reasonable efforts to respond to you promptly.</li>
</ol></li>
<li>Links to and from the App
<ol>
<li>You may link to any page of the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, nor establish a link to the App in any website that is not owned by you.</li>
<li>We reserve the right to withdraw linking permission without notice.</li>
<li>Where the App contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and we are not responsible or liable for them in anyway.</li>
</ol></li>
<li>Availability
<ol>
<li>We do not guarantee that the App will always be available, be uninterrupted, secure or free from bugs or viruses, or that the App will be free from errors or omissions.</li>
<li>We shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, without limitation, any failure to operate the App, or supply Content to you due to unforeseen circumstances or cause beyond our control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic or other natural disaster, shortages of transportation facilities, fuel, energy, labour, materials or a failure of public or private telecommunications networks.</li>
<li>If an event outside of our reasonable control takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control.</li>
</ol></li>
<li>Limitation of our liability
<ol>
<li>You acknowledge that the App have not been developed to meet your individual requirements. You agree not to use the App for resale purposes.</li>
<li>We are not responsible in any way for the content loaded in the app by the user</li>
<li>If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.</li>
<li>Unless prohibited by law, our maximum aggregate liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £100.00.</li>
<li>You shall indemnify us in the event that we incur any claims, costs, damages, losses, or other liability as result of any your actions or omissions, or through using the App in breach of these Terms.</li>
<li>Nothing in these Terms excludes or limits our liability for:<ol>
<li>death or personal injury caused by our negligence,</li>
<li>fraud or fraudulent misrepresentation,</li>
<li>breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession);</li>
<li>breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples);</li>
<li>defective products under the Consumer Protection Act 1987; or</li>
<li>any other liability which cannot be excluded or limited by law.</li>
</ol></li>
<li>General
<ol>
<li>The Terms do not create or infer any rights that are enforceable by any person who is not a party to them.</li>
<li>We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.</li>
<li>If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.</li>
<li>Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.</li>
<li>These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with English law and the non-exclusive jurisdiction of the English Courts.</li>
</ol></li>
</ol>
</li></ol>
</body>
</html>