The following terms of service govern all use of the Service (defined below) provided by Flowbooking, including, but not limited to, the process by which customers enrol, subscribe, register or book for events, classes, goods or services provided by you; as well as the process of management of schedules, registrations or bookings, events, classes, customer information or the provision goods or services.
The Service includes the Flowbooking.com Website at Flowbooking.com and its sub-domains and the online booking system ("Flowbooking"), which includes, but is not limited to, the front-end booking application ("Booking System" or "Booking App"), the back-end administration application ("Dashboard") as well as any articles, posts, images, information, or advice published by Flowbooking.
A Subscriber is a user who has entered into an agreement for the provision of a Flowbooking Account (possible on behalf of a business entity).
A Flowbooking Account ("Account") is provided to Subscribers to the Service, and is required to access the Booking System and Dashboard. An Account is linked to an Subscription.
A User Account is a login/password pair with user identifying information used to regulate access to the Dashboard.
A Customer refers to a user of the Service acting on behalf of the Subscriber or subscribing business entity, including employees; the Subscriber and User Account holders.
End User refers to any user of the Service.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. If these terms and conditions are considered an offer by Flowbooking, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.
You (owners of User Accounts) are responsible for maintaining the security of your User Account and you are fully responsible for all activities that occur under the User Account. You are responsible for maintaining the secrecy of your User Account password.
You (the Subscriber and owners of User Accounts linked to an Account) are responsible for maintaining the security of your Flowbooking Account and you are fully responsible for all activities that occur under the Flowbooking Account.
By creating an event, you are entirely responsible for the content of that event (name, description, image, etc. referred to as "Content") and any harm resulting from that Content. By creating an event, you warrant that:
Flowbooking has the right to, in Flowbooking’s sole discretion (i) refuse or remove any content that, in Flowbooking's reasonable opinion, violates any Flowbooking policy or is in any way harmful or objectionable, or (ii) suspend, terminate or deny access to and use of the Service to any individual or entity for any reason, in Flowbooking’s sole discretion. In the case of early account termination, Flowbooking will pay a maximum refund equivalent to the subscription fee paid for the last 30 days of service prior to termination.
By subscribing to Flowbooking and creating an Account, you agree to allow Flowbooking to contact you (the Subscriber or User Account holder) via e-mail or notices posted on the Website or Dashboard to solicit feedback, provide news about the Service, start or continue support related discussion, and to resolve billing related issues.
By subscribing to Flowbooking and creating an Account, you agree to allow Flowbooking to communicate to users of the Booking System and Dashboard on your (or your company/organisation's) behalf via e-mail and SMS. This right is reserved for communication to users regarding bookings made using the Booking System (e.g. booking confirmations, reminders, event update notifications, cancellation confirmations, error messages) or actions taken in the Dashboard (e.g. sending e-mail via the Dashboard). You agree to allow Flowbooking to place attribution in such communications (such as the phrase "Bookings by Flowbooking") and other information required by law or intended to improve the quality or deliverability of the communication.
You must not store credit card numbers, personal identification numbers, card verification numbers, card signatures or other sensitive cardholder data on our servers, even if encrypted.
You may communicate your card data to us for Subscription payment or other payment. Your sensitive card data will not be stored on our servers.
Flowbooking reserves the right to access your Flowbooking Account for diagnostic, performance, testing and support related reasons. While accessing your Account, we will avoid making irreverisble changes to your information stored in Account.
Flowbooking makes no guarantees about data retention and is not responsible or liable for the loss, deletion, unwanted modification, damage, destruction or failure to store any Content (including but not limited to events, bookings, user information, settings). Upon termination of your Account, your right to access data associated with the Account is immediately revoked.
If provision of Flowbooking is delayed due to a Force Majeure circumstance, we will not be in default, nor liable for any loss incurred by you, for that reason only.
The Subscriber or User Account holder is solely responsible protecting the privacy and legal rights of its End Users under all applicable laws and regulations.
Flowbooking has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Flowbooking does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Flowbooking disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Flowbooking reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Flowbooking may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Flowbooking may suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you must discontinue using the Service. To terminate your Subscription or your Flowbooking Account (if you have one), use the controls available in the Dashboard or contact us via e-mail. Simply contacting us does not constitute a termination of a Subscription; the termination must be confirmed by us. Following termination, we reserve the right to refuse all future use of the Service. Termination of a Subscription does not guarantee deletion of an Account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Service is provided “as is”. Flowbooking and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Flowbooking nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Flowbooking, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Flowbooking under this agreement during the two (2) month period prior to the cause of action. Flowbooking shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Flowbooking, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website or the Service, including but not limited to your violation of this Agreement.
By accepting the Terms of Service, you agree to use the Service in accordance to the Acceptable Use Policy.
This Agreement constitutes the entire agreement between Flowbooking and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Flowbooking, or by the posting by Flowbooking of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of New South Wales, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Sydney, New South Wales. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in independed arbitration performed in Sydney, Australia in the English Language. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Flowbooking may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.