Terms and Conditions

Yeah, we know its dull but this stuff is important, Mmmkay?

Introduction

These terms and conditions govern your use of the Services and the Edna app; by using this website and the Edna app (collectively the Services), you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Services.

The Services use cookies. By using the Services and agreeing to these terms and conditions, you consent to Flo Design Limited's use of cookies in accordance with the terms of Edna's privacy policy.

Unless otherwise stated, Flo Design Limited and/or its licensors own the intellectual property rights in the Services and material on the Services. Subject to the license below, all these intellectual property rights are reserved.

You grant Flo Design Limited a limited, worldwide, non-exclusive, non-transferable licence, without a right of sublicense, to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index your content for the purpose of supporting your use of the Edna app and providing additional services to you. Flo Design Limited may also use your content for the purpose of supporting and developing our services and the Edna app, provided that when doing so, Flo Design Limited shall only use content in an anonymised and aggregated way. Subject only to the limited licence expressly granted herein, you shall retain all right, title and interest in and to the content and all intellectual property rights therein. Nothing in this Agreement will confer on Flo Design Limited any right of ownership or interest in the content or the intellectual property rights therein.

You are solely responsible for the content that you upload, publish, display, link to, or otherwise make available via the Services, and you agree that Flo Design Limited is only acting as a passive conduit for the online distribution and publication of the content. Flo Design Limited will not review, share, distribute, or reference any content except as provided herein, as provided in Flo Design Limited’s privacy policy and copyright policy, or as may be required by law. Notwithstanding the foregoing, Flo Design Limited retains the authority to remove any content uploaded that it deems in violation of these Terms, at its sole discretion.

You may view, download for caching purposes only, and print pages from the Services for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the Services;
  • show any material from the Services in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the Services; or
  • redistribute material from these Services except for content specifically and expressly made available for redistribution.

Acceptable Use

You shall

  • be responsible for your compliance with these Terms, including the Fair Use Policy;
  • be solely responsible for the accuracy, quality, integrity, and legality of your content and of the means by which you acquired or generated that content;
  • use commercially reasonable efforts to prevent unauthorized access to or use of the Services, including keeping your password and user name confidential and not permitting any third party to access or use your user name, password, or account for the Services;
  • be solely responsible and liable for all activity conducted through your account in connection with the Services;
  • promptly notify Flo Design Limited if you become aware of or reasonably suspects any security breach, including any loss, theft, or unauthorized disclosure or use of your user name, password, or account;
  • use the Services only in accordance with applicable laws and government regulations.

Furthermore, you shall not

  • use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • use the Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Services without Flo Design Limited’s express written consent;
  • use the Services to transmit or send unsolicited commercial communications.

Fair Use Policy

Flo Design Limited may suspend your access to the Services for abusive practices that degrade the performance of the Services for you and/or other customers of the Services.

No warranties

The Services is provided “as is” without any representations or warranties, express or implied. Flo Design Limited makes no representations or warranties in relation to the Services or the information and materials provided on the Services.

Without prejudice to the generality of the foregoing paragraph, Flo Design Limited does not warrant that:

  • the Services will be constantly available, or available at all; or
  • the information on the Services is complete, true, accurate or non-misleading.

Nothing on the Services constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.

Limitations of liability

To the maximum extent permitted by law, in no event shall Flo Design Limited’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the greater of (a) the feeds paid by you for the services hereunder during the three (3) month period immediately preceding the date on which the cause of action arose and (b) £500.

Flo Design Limited does not offer any warranty or remedies for the interruption or cessation of access or transmission to or from the services.

To the maximum extent permitted by applicable law, in no event shall Flo Design Limited, its directors, employees, agents, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill use, or data or other intangible losses, that result from the use of, or inability to use, the services or any other aspect of this agreement. Under no circumstances will Flo Design Limited be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the services or your account or the information contained therein.

The parties acknowledge and agree that the essential purpose of this section is to allocate the risks under these terms between the parties and limit their potential liability given the fees charged under this agreement, which would have been substantially higher if Flo Design Limited were to assume any further liability other than as set forth herein. The parties have relied on these limitations in determining whether to enter into these terms.

Nothing in this agreement is intended to exclude or restrict or shall be construed as excluding or restricting the liability of Flo Design Limited for (i) death or personal injury caused by the negligence of Flo Design Limited, its employees, or its agents; (ii) wilful misconduct of Flo Design Limited; or (iii) any liability which cannot be limited or excluded by applicable law.

Reasonableness

By using the Services, you agree that the exclusions and limitations of liability set out in the Services disclaimer are reasonable. If you do not think they are reasonable, you must not use the Services.

Other parties

You accept that, as a limited liability entity, Flo Design Limited has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Flo Design Limided's officers or employees in respect of any losses you suffer in connection with the Services.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Services disclaimer will protect Flo Design Limited's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Flo Design Limited.

Unenforceable provisions

If any provision of the Services disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of the Services disclaimer.

Indemnity

You hereby indemnify Flo Design Limited and undertake to keep Flo Design Limited indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Flo Design Limited to a third party in settlement of a claim or dispute on the advice of Flo Design Limited's legal advisers) incurred or suffered by Flo Design Limited arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Flo Design Limited's other rights under these terms and conditions, if you breach these terms and conditions in any way, Flo Design Limited may take such action as Flo Design Limited deems appropriate to deal with the breach, including suspending your access to the Services, prohibiting you from accessing the Services, blocking computers using your IP address from accessing the Services, contacting your internet service provider to request that they block your access to the Services and/or bringing court proceedings against you.

Variation

Flo Design Limited may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Services from the date of the publication of the revised terms and conditions on the Services. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Flo Design Limited may transfer, sub-contract or otherwise deal with Flo Design Limited's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Flo Design Limited in relation to your use of the Services, and supersede all previous agreements in respect of your use of the Services.

Law and jurisdiction

These Terms will be governed by and construed in accordance with the laws of the United Kingdom, and any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of the United Kingdom.

Registrations and authorisations

Flo Design Limited is registered with Companies House. Flo Design Limited's registration number is 7301868.

Flo Design Limited's registered address is 15 Scotland Way, Horsforth Leeds, LS18 5SQ.

You can contact Flo Design Limited by email to hello@flodesign.co.uk.

Credit

This document was created using a Contractology template available at www.contractology.com.

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