Terms & Conditions
PLEASE READ THIS AGREEMENT BEFORE USING THE FLUSS APP. YOUR USE OF THE FLUSS APP INFERS THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE FLUSS APP AND, IF PRESENTED WITH THE OPTION TO "AGREE" OR "DISAGREE" TO THE TERMS, CLICK "DISAGREE". IF YOU ACQUIRED THE FLUSS APP AS PART OF AN OPERATING SYSTEM HARDWARE PURCHASE AND IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY RETURN THE ENTIRE FLUSS HARDWARE/SOFTWARE PACKAGE WITHIN THE RETURN PERIOD TO THE AUTHORISED DISTRIBUTOR WHERE YOU OBTAINED IT FOR A REFUND, SUBJECT TO FLUSS’S RETURN POLICY.
1. General
1.1. The Fluss software, documentation, interfaces, content, fonts and any data accompanying this Agreement ("Fluss Software") are permitted by Fluss to be used by you. Such usage is governed by the terms of this Agreement. Fluss retains ownership of the Fluss Software itself and reserves all rights not expressly granted to you. You agree that the terms of this license will apply to any Fluss branded application software product that may be pre-installed on your hardware, unless such product is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that product. You hereby agree not to reverse engineer, disassemble or decompile any Fluss software or technology. You shall not modify, sell, rent, transfer, resell for profit, distribute, or create derivative works based on Fluss or any part thereof.
1.2. Fluss, at its discretion, may make available future upgrades or updates to the Fluss Software for your mobile device ("Device"). Upgrades and updates, if any, may not necessarily include all existing software features or new features that Fluss releases for newer or other models of Devices. The terms of this Agreement will govern any software upgrades or updates provided by Fluss that replace and/or supplement the original operating system, unless such upgrade or update is accompanied by a separate license in which case the terms of that license will govern.
1.3. Title and intellectual property rights in and to any content displayed by or accessed through the Fluss Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. Accept otherwise provided herein, this Agreement does not grant you any rights to use or reproduce such content nor does it guarantee that such content will continue to be available to you.
2. Permitted Uses and Restrictions
2.1. Systems Requirements: Note that the Fluss Software is supported on mobile devices that meet specified system requirements as indicated by Fluss. In addition, use of and access to certain features of the Fluss Software may require you to apply for a unique user name and password combination.
2.2. Geographic Restriction: Fluss may restrict use and access to the software and the device if its use contravenes any local legislation.
3. Handling of Personal Information
3.1. Various features on the Fluss application such "Account" section require you to provide certain types of personal identifying information so that the Fluss Application may transmit access permissions to invitees through a verified source. Fluss requires permission to access your contact list so that Fluss may, upon your request send access permissions to an invitee of your choosing. You consent to the use of this information and your continued use of the Fluss application will be indicative of your consent. You may at any time withdraw your consent from Fluss, however, this may result in limited or discontinued use of the Application.
3.2. The Software provides Fluss with information about your use of the Fluss Device as well as the mobile device on which you download the Fluss Software. This may include location data, access permissions for guests and service providers and when those guests and service providers used the Fluss Device, and technical errors concerning the use of the Fluss Device. This data may be required in order to provide the necessary functions and improve the Software’s functionality. For more information regarding data that Fluss uses, you can visit https://fluss.io/privacy-policy
4. Disclaimers
Fluss has no responsibility or liability for the following: third party accounts or services; Compatible Products that Fluss does not manufacture or develop and manufacturer-provided firmware for such products; any guests or service providers, or unknown entities to whom you provide access permission, whether on purpose or in error.
5. Warranties
5.1. You warrant that you have legal capacity to enter into this Agreement with Fluss;
5.2. You Warrant that the information you provide on the App is true and correct;
6. Force Majeure
6.1. Fluss shall not be held responsible in the instance of Force Majeure, and, provided that Fluss submits notice to the Customer of the Force Majeure event, and shall be entitled to terminate the applicable service affected or prevent the Customer’s access to the App.
6.2. Should Force Majeure continue for a period of not less 60 days, Fluss shall be entitled to terminate this Agreement and accordingly the Customer shall no longer be able to utilise or have access to the App.
7. Transfer, Cession and Assignment of Rights
The Customer shall not be entitled to assign, cede or delegate or otherwise transfer any of his or her rights or obligations to any third party. Fluss shall be entitled to cede, assign, delegate or otherwise transfer its rights or obligations to any third party upon notice to the Customer. Such Transfer assignment or cession will be communicated through the Fluss Website and contracting parties to this Agreement will be updated accordingly.
8. Amendments to Fluss Terms of Use
8.1. We may change, suspend, limit, or discontinue Fluss, or any part of it, at any time without notice. We may amend any of this Agreement's terms from time to time. You will be given notice of our amendments. Your continued use of the Fluss Application after the effective date of the revised terms constitutes your acceptance of the terms.
9. Disputes and Resolution
9.1. Any dispute or claim relating in any way to your use of the Fluss Service, or to any products or services sold or distributed by Fluss or through an authorised Fluss Distributor will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. An arbitration shall be conducted in accordance with the rules of Arbitration Foundation of South Africa ("AFSA") or current governing Arbitration Body in place of AFSA at the time and governed by Arbitration Act No 42 of 1965 as amended.
9.2. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
9.3. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Bhukhen Inc. or to legal@fluss.co.za Payment of all filing, administration and arbitrator fees will be governed by the AFSA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
9.4. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
10. Subscription
10.1. Your use may be attached to a subscription, which in such event, the following terms apply to your subscription:
10.1.1. The term of your subscription will be for the period from when you sign up for Fluss services to when you stop paying the required subscription fee for the Fluss services
10.1.2. The subscription fee shall be charged monthly in advance via debit order against your bank account, the details of which you enter into the Application.
10.1.3. You warrant the the banking details entered into the application are true and correct and that you are authorised to used the relevant account.
10.1.4. You may cancel this subscription anytime before the following monthly debit order
10.1.5. Processed debit orders are in full and final and cannot be refunded once processed.
10.1.6. Price changes to the monthly subscription shall be implemented prior to the following debit order and you will be notified in advance before the price update is in effect.
10.2. Recurring Payment Permission
10.2.1. By signing up to the subscription service you thereby permit Fluss to set up a recurring payment request against the bank account or credit card account ("relevant account") entered into the application for the subscription amount on a monthly basis. All recurring payment requests onyour relevant account in respect of the Fluss subscription shall be treated as if approved by you, in your authorised capacity.
10.2.2. You agree that in the event that any payment request due in terms of this agreement is rejected by your bank, all related bank rejection fees and the full amount of the payment request, that remains unpaid, will be due and payable immediately on demand by Fluss and that this subscription provided by Fluss will be suspended immediately.
10.2.3. You undertake to ensure that adequate funds are available in the relevant account detailed in this application, to cover the amounts due in terms of this subscription.
10.2.4. You undertake to inform Fluss or update the application of any changes to your relevant account details;
10.2.5. You acknowledge that you may not cede or assign any of your rights to any third party without the written consent of Fluss and that you may not delegate any of your obligations in terms of this subscription to any third party without the prior written consent of Fluss.
10.2.6. You understand that the first payment request amount will be adjusted to take into account any amount due in arrears or paid in advance as a result of the commencement date of this agreement being the 1st day of the month